Being served with divorce papers can be an emotionally jarring experience. Whether expected or not, receiving official notice of a spouse’s intent to file for divorce marks the beginning of a legal process that can significantly impact your future. In Massachusetts, the act of “being served” is a formal and necessary part of initiating a divorce case. This article explains what it means to be served, how service is conducted under Massachusetts law, and what steps you should take after being served.
Understanding Service of Process in a Massachusetts Divorce
“Service of process” is the legal term for delivering court documents to a party involved in a lawsuit. In the context of divorce in Massachusetts, it refers to the formal delivery of the Complaint for Divorce and the Summons to the non-filing spouse, also known as the defendant. This process ensures that the defendant is properly notified that a divorce case has been initiated and gives them the opportunity to respond.
The legal requirement for service exists to protect due process rights—it guarantees that the individual has been informed of the legal action and has an opportunity to participate in the proceedings.
How Divorce Papers Are Served in Massachusetts
In Massachusetts, after one spouse (the plaintiff) files a Complaint for Divorce in Probate and Family Court, the court issues a Summons. This document must be served, along with a copy of the complaint and any related documents, to the defendant. Service must be completed within 90 days of the summons being issued.
The most common method of service is sheriff or constable delivery. A sheriff or constable personally delivers the documents to the defendant and then returns a proof of service (also known as a return of service) to the court. This confirms that the papers were properly served.
In some cases, service by mail is used, but only if the defendant is willing to sign and return a form acknowledging receipt, known as the Acceptance of Service. If the defendant cannot be located, the plaintiff may request service by publication, which involves publishing a notice in a newspaper. This method requires court approval and is used only as a last resort.
What to Do After Being Served Divorce Papers
If you have been served divorce papers in Massachusetts, it’s important not to ignore them. Here are the key steps to take:
- Read the Papers Carefully: The complaint will outline your spouse’s reasons for filing and may include requests related to child custody, property division, alimony, and support. The summons will indicate the deadline for your response.
- Mark Your Calendar: You typically have 20 days from the date you were served to file your response (known as an Answer) with the court. Failing to respond can result in a default judgment, meaning the court may grant your spouse’s requests without your input.
- Consult an Attorney: Divorce can involve complex issues, including financial matters, child-related concerns, and legal rights. A Massachusetts divorce attorney can help you understand your options and guide you through the process.
- Consider Your Financial Documents: In many divorce cases, both parties must file a Financial Statement, which details income, assets, expenses, and debts. Gathering these documents early will help prepare you for upcoming court deadlines or negotiations.
- Think About Temporary Orders: You or your spouse may request temporary orders for child custody, support, or spousal support while the divorce is pending. Understanding this process early is helpful in planning your next steps.
Why Timely Action Matters
Being served divorce papers is not only a notification—it’s also the starting point of legal deadlines and decisions. If you take no action, your spouse may receive everything they requested in the divorce complaint by default. Taking prompt steps to understand the papers, meet court deadlines, and respond strategically is critical to protecting your interests.
For example, if your spouse is requesting full custody of your children or seeking significant spousal support, failing to respond could severely affect your rights going forward. Even in cases where both spouses agree on the divorce, you should still review all terms carefully before signing or agreeing to anything.
Speak with a Massachusetts Divorce Attorney
If you’ve been served divorce papers in Massachusetts, don’t go through the process alone. A knowledgeable divorce attorney can help you understand your rights, respond appropriately, and advocate for your interests during the proceedings. Contact us and speak with an experienced Massachusetts family law attorney today to schedule a case evaluation and begin planning your next steps.
