Divorce can be a difficult and emotional process, but it is important to understand the legal requirements and procedures involved. One of the first steps in a divorce case is serving divorce papers to your spouse. In Massachusetts, there are specific rules and procedures that must be followed when serving divorce papers. In this article, we will discuss the process of serving divorce papers in Massachusetts.
Divorce papers, also known as a summons and complaint, are legal documents that initiate a divorce case. The summons is a notice to your spouse that a divorce case has been filed and that they must respond within a certain time frame. The complaint outlines the reasons for the divorce and the relief being sought, such as property division, alimony, and child custody.
In Massachusetts, divorce papers must be served by a sheriff, constable, or a private process server. The person serving the papers must be at least 18 years old and not a party to the case. It is important to note that you cannot serve the papers yourself.
Divorce papers must be served in person to your spouse. This means that the papers must be physically handed to your spouse by the person serving them. If your spouse cannot be located, you may be able to serve them by publication in a newspaper or by alternative means, such as certified mail.
Divorce papers must be served within 90 days of filing the complaint. If the papers are not served within this time frame, the case may be dismissed. It is important to work with your attorney to ensure that the papers are served in a timely manner.
After the divorce papers are served, your spouse has 20 days to file a response. If your spouse fails to respond, you may be able to obtain a default judgment. If your spouse does respond, the case will proceed through the court system.
Serving divorce papers is an important step in a divorce case. It is important to follow the legal requirements and procedures in Massachusetts to ensure that the papers are served properly. If you are considering a divorce, it is important to work with an experienced divorce attorney who can guide you through the process. Remember, divorce can be emotional and difficult, but with the right support and guidance, you can navigate the process successfully.
Sources: