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What to file:
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Filing fee of $215.00 (Payable to "Hampshire County
Probate and Family Court". Bank check or money order
is required. No personal checks are accepted)
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A Joint Petition for Divorce. (Click here for a sample) After you have reviewed the sample,
Click
here for form
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An R408 Form (Click
here for form)
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A certified copy of your marriage
certificate - You must get this from the town/city where you
were married.
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An Affidavit attesting to Irretrievable
Breakdown. An affidavit is a statement signed under the
penalties of perjury setting forth the reasons why the marriage
has suffered an irretrievable breakdown. Click here for a Sample. Each party MUST
fill out one form. After you have reviewed the Sample affidavit (Click
here for form)
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A Separation Agreement, signed by both
parties with each signature notarized. This must address
the issues of marital property, proper provisions for alimony
(even if it is not requested by either party, custody, support
and maintenance of any minor children) Before downloading the Separation Agreement, please download our informational pamphlets entitled:
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1. Special Language Regarding the Finality of the Terms of your separation agreement.
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2. Division of Marital Property
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After you have reviewed the above, download the Separation Agreement
with children OR Separation Agreement without children
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Financial Statements must be completed
by both parties. (Please note that if you are using the
web to download this form, it MUST be printed bonded, acid free
paper. If you make less than $75,000 per year (Click here
for form). If you make over $75,000 per year see
below.
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Worksheet for Child Support Guidelines
if there are minor children of the marriage. This form
MUST be printed on bonded, acid free paper.(Click
here for form)
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Affidavit Disclosing Care or Custody of
a child, if there are any minor children of the
marriage. Click here for a Sample. After you have reviewed the sample Click
here for form)
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Trial Request Form - Click here for form.
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Other forms, if appropriate:
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Affidavit of Indigency can be filed to
determine if the parties meet the qualifications for the Court
to waive the filing fees.
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If the annual income of
either party exceeds $75,000, a different Financial Statement
form is required for each party that exceeds $75,000 annual
income. (Click
here for form)
Click here for information for Presenting your Uncontested Divorce:
Below is additional Information needed if you have children:
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PACT PROGRAM. Both parents will be
required to participate in the PACT Program (Parents and
Children in Transition). There is a registration fee and
once you have completed the program and your certificates are on
file with the Court, your case will be scheduled for
hearing. This program is mandatory even if the case is
uncontested. (Click
here for information)
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DOR Application (Click
here for form)
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Child Support Guidelines. (Click
here for information about child support)
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