Legal Question in Family Law in Massachusetts
More on Annulment
I have served the defendant with the papers, but I know he is not going to answer to the court. Will this be judgment by default? Will I still need a hearing?
If there is a hearing, will the judge grant or deny only annulment or will they grant divorce as well, since the summons is a divorce support summons?
1 Answer from Attorneys
Re: More on Annulment
The hearing is for the judge to determine whether you can go forward with your annulment action. Just because the court issued you a summons, doesn't mean you have a valid case. Issuing summons is done administratively and therefore, a judge hasn't had the opportunity to determine if your case is valid yet.
If it is valid, you won't get a final hearing on your case until at least 6 months after the filing of the Complaint. No final hearings can be heard before the 6-month period has expired.
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