Serving Divorce Papers Under Massachusetts State Law

In the State of Massachusetts, divorce is a civil action, and must be served according to the Massachusetts Civil Procedure rules. Service papers include a summons and the complaint for divorce. The summons tells the respondent how long she has to respond to the complaint without incurring a default, and to send her response to the clerk of court and to the plaintiff. If the plaintiff has an attorney, the attorney's address will be listed instead of the plaintiff's address.

Start the divorce action by preparing the complaint and summons. Forms for a complete divorce action are available at the Clerk of Court or at the state's law library (see Resources).

Make two copies of the complaint and two copies of the summons. Bring the original and the copies of each document to the clerk. The clerk must sign and put its seal on the summons. The originals are filed with the clerk, a copy is stamped for your records, and a copy for the respondent is stamped.

Give the respondent's copy to a court-approved process server (list available from the clerk of court), sheriff, special sheriff or deputy sheriff to be served on the defendant. The party serving the divorce papers will notify you or your attorney when he has served the complaint on the defendant.

TIPS: The serving party may serve the defendant by handing the defendant the copy of the complaint and summons. He may also leave copies at the defendant's last known address.

WARNINGS: According to the Massachusetts Rules of Procedure, if the defendant cannot be served within 90 days of filing the complaint, the divorce action is dismissed without prejudice (without prejudice means that the action may be brought again).

This article was not written by an attorney and cannot be used for legal advice.