PROBATE & FAMILY COURT

There are many different types of service issued by the Family and Probate Court.  A few examples are; Divorce/Separate Summons, Petition for Guardianship, Domestic Relations Summons, Contempt Summons, Motion for Temporary Orders, and Capiases.

Divorce/Separate Summons

This Summons requires service be made in-hand upon the defendant. Typically accompanied with a Complaint and Parent Education Programs booklet (only if there are children involved). Many times these cases can be very difficult to serve upon the Defendant. We ask for as much information as can be provided to help with serving the Defendant in-hand.

Petition for Guardianship

This civil process serving requires service be made in-hand upon the defendant.  Guardianship for an adult is typically requested when the adult is unable to make decisions about their health, self-care, and safety.

Domestic Relations Summons

These can be issued for a number of reasons.  Commonly for modification, this is the most common Summons that comes out of the Family & Probate Court.  These typically do not require service to be made in-hand.  Service can be left at the Last and Usual Place of Abode with a copy mailed same day first class US Post mail.  This link from the Massachusetts Legal Help website provides an example of a Domestic Relations Summons masslegalhelp.org

Contempt Summons

This Summons is requested by the Plaintiff when they believe the Defendant is not obeying the court’s order.  These will have a specific date when the Defendant is required to appear in court.

Motion For Temporary Orders

As cases can typically take months until final rulings, Motions For Temporary Orders allows for specific issues regarding the case, that need immediate attention and rulings to be heard.  If you win you may be awarded the temporary order until the final decision regarding your case is passed down.

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