How to Amend a Divorce Decree in Massachusetts

A Complaint for Modification requests changes to a divorce decree or judgment.

Individuals who formally divorce in Massachusetts receive divorce decrees and judgments from the state's Probate and Family Court Department. If you have a divorce decree but now wish to amend its terms, you may be able to request a modification from the Massachusetts court that finalized your divorce. Through a Complaint for Modification, you may request changes related to child custody and visitation, child support or alimony payments, insurance coverage and other related legal issues. However, Massachusetts generally does not allow modifications of property-division terms.

Things You'll Need

• Complaint for Modification form

Instructions

1. Obtain a copy of the Massachusetts Probate and Family Court Department's Complaint for Modification form. Fill in the form with your name, your contact information and your ex-spouse's name. Provide the date on which the court issued your divorce decree and describe the original terms included in the judgment.

2. In Part 3 of the complaint form, select the box that describes the type of modification you are seeking -- the form includes one box for child support changes and one box for all other legal issues. Note the change in circumstances that have resulted in the need for a modification, such as schedule changes that have affected your visitation schedule or changes in your financial situation. In Part 4 of the form, specify the new terms that you would like the court to approve.

3. Sign and date your completed form. Make copies of the form for yourself and for your ex-spouse.

4. Bring your completed form to the local Massachusetts court that issued your original divorce decree. Pay any relevant filing fees, unless you qualify to request a fee waiver. Obtain a domestic relations summons form from the court clerk.

5. If you and your ex-spouse can interact cooperatively and safely, follow the Massachusetts court rules regarding service of documents by giving the complaint and the summons form to your ex-spouse and asking her to sign the summons in front of a notary public. File the signed, notarized summons form with the court immediately to prove that the other party legally received your complaint.

6. Arrange to have service performed by the deputy sheriff's office serving your county if your ex-spouse will not cooperate by accepting service of your modification paperwork and signing the summons. If the deputy sheriff's office returns the completed summons form to you, file the summons with the court as soon as possible.

7. Attend your scheduled court date, which the local court will identify by mailing a written notice to you. Discuss your modification request with the judge during the court hearing.

Tips & Warnings

• Speak with a Massachusetts family law attorney about modification procedures under the state's divorce laws.

• Discuss a possible modification with your ex-spouse to see if you can agree on the terms and submit an agreement to the court for approval, without lengthy court proceedings.

• Decide whether to pursue a divorce appeal rather than a modification. In Massachusetts, you may appeal a divorce case if you believe that the court has misinterpreted state law, abused its discretion or acted in a biased manner.

References

• Massachusetts Trial Court Law Libraries: Massachusetts Law About Modifications of Divorce, Child Support and Other Family Law Judgments and Orders
• "Family Law Advocacy for Low and Moderate Income Litigants"; Modifications; Massachusetts Legal Services"; 2008
• "Complaint for Modification"; Commonwealth of Massachusetts; April 2007
• "Family Law Advocacy for Low and Moderate Income Litigants"; Appellate Issues; Massachusetts Legal Services"; 2008

Resources

• Massachusetts Court System: Organizations Providing General Civil Legal Assistance
• MassLegalHelp: Separation and Divorce
• "Separation and Divorce"; Massachusetts Bar Association; 2006