Being served with divorce papers can be confusing and overwhelming, as you may not have anticipated them. If you are served with divorce papers, it’s important to remain level-headed and take the necessary steps to assert your rights. Please continue reading to learn what happens after divorce papers are served in Massachusetts and how our determined Bristol County Divorce Options Lawyers can guide you through each phase of this complex legal process.
What Are Divorce Papers?
Under Massachusetts law, divorce papers must be served by a sheriff or constable within 90 days after filing for divorce. This is required to formally notify your spouse that you have initiated court proceedings. If you have been served with divorce papers in Massachusetts, it’s important to have an understanding of what it may contain. The papers will typically include a Summons, which is essentially a legal notice informing you that there has been a divorce lawsuit filed against you. The papers will also include another important legal document, a Petition for Divorce, which is a request to the court to grant the dissolution of the marriage. The petition will address the issues related to the marriage that need to be resolved, which can include property division, custody, alimony, and child support.
What Happens After Service?
Firstly, the term “service” refers to handing the divorce complaint to the spouse. It also means verifying the complaint was served by filing an affidavit of service which states when and how the complaint was served, who served it, and who received it. If you have been served divorce papers, you must respond with an answer within 20 days. If you fail to respond within the legally prescribed time limit, the court could enter a default judgment against you.
If this happens, you will lose your case as they will likely grant the petitioner the terms they have requested in the Divorce Petition. If you wish to contest the divorce or assert any other rights, you must file a response with the court. In that regard, you should enlist the services of an experienced Bristol County divorce lawyer as soon as possible who can help you file a counterclaim, in which you can make your request for a divorce on any applicable grounds.
It’s important to understand that by responding to the divorce papers, you are simply safeguarding your rights. You can still reach a mutually agreeable settlement, as long as both parties are willing to do so. As you can see, navigating the divorce process in Massachusetts can be challenging. However, with the right legal counsel in your corner, you can make informed decisions. Connect with The Law Offices of Cynthia L. Hanley P.C., who can help you fight for the best possible outcome for your situation.
