What do we need to file to change a judgment or order by agreement?

All cases that ask the court to change a judgment or order by agreement need 3 forms. Some kinds of cases also need some other forms.

The 3 forms you must file in all cases are:

• Joint Petition/Motion To Change a Judgment or Temporary Order
• Agreement To Change a Judgment or Temporary Order
• Proposed Judgment/Temporary Order on Petition/Motion to Change

In some cases you also need to file other papers. You need to file other papers any time you ask the court to change a judgment or order:

• about financial issues, like alimony or child support; or
• about care, custody, visitation, or parenting time.

Joint Petition/Motion to Change a Judgment or Temporary Order

Use the Joint Petition/Motion To Change a Judgment or Temporary Order to tell the court

• who you are;
• the date of the judgment or temporary order you want to change  (line 5
• what parts of the judgment or temporary order you want the court to change (line 6 and
• why you want the court to change the judgment or temporary order (line 7).

At the top of the form put

• a check in the box for judgment or temporary order;
• your names where it says “In the Matter of”;
• the docket number;
• the name of the division of the Probate and Family Court where you filed. For example, Suffolk or Worcester; and
• your contact information.

If you ask the court to change anything that affects your children, you must complete lines (1) through (4) as well as the rest of the form.

If you do not ask the court to change anything that affects your children, start with line (4).

Attach a copy of the order or judgment you want the court to change.

Agreement to Change a Judgment or Temporary Order

You can use the Court’s Agreement form but you do not have to.

At the top of the form put in

• a check in the box for judgment or temporary order;
• your names where it says “In the Matter of”;
• the docket number; and
• the name of the division of the Probate and Family Court where you filed. For example, Suffolk or Worcester.

If the Agreement changes a judgment, both of you must get your signatures notarized.

If the Agreement changes a temporary order, you do not need to have your signatures notarized.

Important

Sign the agreement only if

• the agreement is fair and reasonable;
• everything in the agreement that affects your children is what you think is best for them;
• you showed your finances to the other party fully and accurately;
• the other party showed you his or her finances fully and accurately; and
• you have read it completely.

 

Do not sign any agreement if you

• do not understand everything it says;
• are being forced or pressured; or
• think that the other party is trying to mislead you.

If you do not understand something in an agreement, talk to a lawyer before you sign it.

If you need an interpreter, only sign the agreement if it has been translated. You do not need to pay for an interpreter. The court provides them.

Put in your contact information in the Agreement.  Sign it and date it.

Proposed Judgment/Temporary Order on Petition/Motion to Change

Use the Judgment/Temporary Order on Petition/Motion to Change form to give the judge all the information he or she needs to change the judgment or temporary order. 

Put

• a check in the box for judgment or temporary order;
• the date you filed the Petition or Motion to Change;
• the docket number;
• your names where it says “In the Matter of”;
• the name of the division of the Probate and Family Court where you filed. For example, Suffolk or Worcester; and
• the date of your Agreement.

The judge puts in

• the date they considered your case;
• the date the Agreement becomes effective; and
• their signature if they approve the Agreement.

Important

The judge does not have to approve the Agreement.  They can check the box that says “After review and consideration, the Joint Petition/Motion is hereby DENIED and the action DISMISSED.”

Note

If you have trouble getting these forms from the court website, save them to your computer first:

• Right click the link and pick
  
  • "save link as..",
  • "save file as"
  • "download linked file" or
  • "download linked file as".
• You need the latest version of the free program Adobe Acrobat Reader to open the forms and fill them out.