The Massachusetts Probate and Family Court handles divorce, custody, probate, guardianship, conservatorship, adoption, name changes, and abuse prevention orders through 14 county divisions. You start a case by choosing the right forms, gathering personal and financial information, and submitting everything either electronically through eFileMA or in person at the Register of Probate in the county where the case belongs. Filing fees run from nothing for a guardianship petition to $390 for formal probate of a will, and the court will waive fees for people who cannot afford them.
What the Court Can Decide for You
Before filing, confirm your matter belongs here. The court’s docket covers family relationships and property that passes at death, and the most common filings fall into a handful of categories.
- Divorce and separate support, including division of marital property and alimony under Chapter 208.1General Court of Massachusetts. Massachusetts General Laws Chapter 208 Section 34
- Child custody and parenting time. Unmarried parents must first establish parentage before the court will enter custody or support orders.2Mass.gov. Filing for Child Custody or Parenting Time in Massachusetts
- Probate of wills and estate administration under the Massachusetts Uniform Probate Code.3General Court of Massachusetts. Massachusetts General Laws Chapter 190B – Massachusetts Uniform Probate Code
- Guardianship of an incapacitated adult and conservatorship of that person’s finances.4Mass.gov. Guardianship and Conservatorship of Incapacitated Persons
- Adoption. For a child under 14, the petition generally has to involve a Department of Children and Families placement, a blood relative, a stepparent, or a person nominated in a deceased parent’s will.5General Court of Massachusetts. Massachusetts General Laws Chapter 210 Section 2A – Decree of Adoption, Entry, Conditions Precedent
- Name changes, partition of real estate, and certain equity actions.6Mass.gov. Uniform Probate and Family Court Practice XXXV – Change of Name Actions
Abuse prevention orders also run through this court, but on a separate same-day track covered at the end of this article.
What to Gather Before You File
Every case needs full legal names, current addresses, and dates of birth for all parties, including any children. A domestic case adds the date of marriage and, where it applies, the date of separation. An estate case needs the date of death and a list of known heirs and beneficiaries.
Forms are case-specific. A spouse ending a marriage files a Complaint for Divorce; someone validating a will files a Petition for Formal Probate. You can download forms from the Massachusetts Trial Court website or pick them up at the Register of Probate. Any case involving children also requires a Care or Custody Disclosure Affidavit identifying other pending matters that affect the same minors.7Mass.gov. Child Care or Custody Disclosure Affidavit
If real property is in play, you may need an appraisal to establish fair market value. Courts sometimes set an “effective date” for the appraisal, which could be the filing date, the separation date, or the current date. Pin that down early so you don’t pay for a second appraisal later.
The Financial Statement
In any domestic relations case involving money, both parties file a financial statement under Supplemental Rule 401. Annual income of $75,000 or more means the long form; below $75,000, the short form.8Mass.gov. Supplemental Probate and Family Court Rule 401 – Financial Statement Both versions require a detailed weekly breakdown of income, expenses, assets, and debts. Judges rely on this document to set alimony, child support, and property division, and you sign it under the penalties of perjury.
The Automatic Restraining Order in Divorce
The moment a divorce complaint is filed, Supplemental Rule 411 freezes certain financial moves by the filing spouse, and binds the other spouse at the moment of service. Without written consent or a court order, neither party may:9Mass.gov. Supplemental Probate and Family Court Rule 411 – Automatic Restraining Order
- Sell, transfer, or hide property, except for ordinary living expenses, routine business transactions, normal investment activity, or reasonable attorney’s fees.
- Run up debt on the other spouse’s credit, including borrowing against home equity or making unreasonable credit card charges.
- Change beneficiaries on life insurance, retirement accounts, or pension plans.
- Drop the other spouse or children from medical, dental, life, auto, or disability insurance.
No one has to request this order. It operates automatically, and violating it can result in contempt. Many filers don’t realize the restrictions exist until they’ve already crossed one.
How to File and What It Costs
Most case types can be filed electronically through eFileMA, which is available around the clock.10Mass.gov. eFiling in the Probate and Family Court Emergency filings and certain subsequent actions still have to come in on paper, either in person or by mail at the Register of Probate for the appropriate county.
Filing fees include a mandatory $15 surcharge for cases that receive a separate docket number. Common amounts:11Mass.gov. Probate and Family Court Filing Fees
- Divorce complaint: $215 ($200 fee + $15 surcharge)
- Custody, support, or parenting time complaint: $115 ($100 fee + $15 surcharge)
- Formal probate of a will or appointment of personal representative: $390 ($375 fee + $15 surcharge)
- Conservator appointment: $255 ($240 fee + $15 surcharge)
- Guardian appointment: no fee
- Name change: $165 ($150 fee + $15 surcharge)
Citations ($15 each) and summonses ($5 each) are billed separately. If paying would deprive you or your dependents of basic necessities like food, shelter, or clothing, file an Affidavit of Indigency asking the court to waive the fees or have the state pay them. You qualify automatically if you receive public assistance.12Mass.gov. Indigency (Waiver of Court Fees)
Serving the Other Party
Once the court accepts your filing, it issues a summons or citation that has to be formally delivered to the other party. The case cannot move forward until that happens.
Service can be made by a sheriff, deputy sheriff, special sheriff, or any other disinterested person. The defendant can also accept service voluntarily through a signed, notarized acknowledgment.13Mass.gov. Domestic Relations Procedure Rule 4 – Process In most divorces, service means physically handing the documents to the other spouse. Paternity, child support, and contempt cases allow an alternative: leaving copies at the person’s last known address and mailing additional copies.
If the defendant cannot be found after a diligent search, lives out of state, or cannot be located at all, the court can authorize service by publication in a designated newspaper, with certified mail to the last known address where possible. You have 90 days from filing to complete service. Miss that window without good cause and the court may dismiss the case. After service is done, the server files a return of service as proof, and the court’s assigned docket number becomes the permanent identifier for every future filing and hearing.
After Filing: Parent Education and ADR
If your case involves custody or parenting time for minor children, both parents are generally ordered to complete “Two Families Now,” the court-approved online co-parenting course. The requirement applies to divorce complaints (other than joint no-fault filings under Section 1A), paternity complaints, separate support complaints, and complaints for custody, support, or parenting time.14Mass.gov. Probate and Family Court Standing Order 3-23 – Co-Parenting Education Course for Married and Unmarried Parents
Register within 30 days of being served, finish the four-hour course within 30 days of registering, and file your Certificate of Completion within 14 days of finishing. The course costs $49 per parent, with an indigency waiver available if you file the affidavit before registering.
The court also runs dispute intervention through the Probation Department, where probation officers act as neutral facilitators to help parents work through disagreements. There’s no fee, and a judge can order it. Beyond that, the court maintains a list of approved alternative dispute resolution programs, and a judge may require the parties and their attorneys to attend a free screening session to see whether mediation fits the case.15Mass.gov. Probate and Family Court Approved Alternative Dispute Resolution (ADR) Programs
If You Need an Abuse Prevention Order
Abuse prevention orders under Chapter 209A are on a separate track. There is no filing fee, and you can get a temporary order the same day. Massachusetts defines “abuse” to include physical harm, threats of imminent serious harm, forced sexual contact, and coercive control, which covers patterns of intimidation, isolation, and financial manipulation.16General Court of Massachusetts. Massachusetts General Laws Chapter 209A Section 1
You can file at the Probate and Family Court, District Court, Boston Municipal Court, or Superior Court in the county where you live or where you are staying if you have left home. During business hours, call the civil clerk’s office and ask to request a 209A order. If courts are closed and you face an emergency, go to your local police station, and officers will contact a judge.17Mass.gov. Request an Abuse Prevention Order A judge can issue a temporary order immediately, but it expires at the end of the next scheduled court day unless you appear for the follow-up hearing. If the judge denies or modifies the order, you have 30 days to appeal to the Appeals Court.
What Happens If You Hide Assets or Lie on the Financial Statement
Because the Rule 401 financial statement is signed under the penalties of perjury, judges have wide latitude when a party conceals assets in a divorce. The court can award the hidden asset entirely to the other spouse, order the dishonest party to pay the other side’s attorney’s fees and investigation costs, and hold the person in contempt. In extreme cases, concealment can lead to criminal charges for perjury or fraud.
The exposure does not end when the decree is entered. If significant assets surface later and there is strong evidence of intentional deception, the other spouse may be able to reopen the divorce and seek a revised property division. Courts weigh whether the concealed information would have materially changed the original outcome and whether the innocent spouse made reasonable efforts to discover the assets during the original case. Full disclosure at filing is far cheaper than defending a fraud claim afterward.