File a counterclaim in the Probate and Family Court

If you’re the defendant in a Probate and Family Court case, you may want to file a counterclaim to request different orders from the court.

How to File a Counterclaim in Probate and Family Court

A counterclaim allows the defendant to file their own claims against the plaintiff, except in cases of Complaint for Contempt. Counterclaims are usually filed alongside an answer but can be filed later with court approval.

Steps to file:

1. Use the correct form (e.g., Counterclaim for Divorce).
2. Clearly state your requests in the “Wherefore” section.
3. Include a Certificate of Service to show how and when you delivered the counterclaim to the plaintiff.

There’s no fee to file a counterclaim.

If you are considering filing a counterclaim you might want an attorney to guide you. Call our offices at 413-732-8356 for a consultation.