Legal Question in Family Law in Massachusetts

Divorce Complaint

I recently file a complaint for divorce and I am have served them to my husband. But I just found out that he is out of town for the next month or two. Will the courts grand me a no-fault divorce if he does not respond to the paper work within the 20 day or do they hold the paper work until he responds?


Asked on 2/13/07, 10:16 am

1 Answer from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Divorce Complaint

Unlike any other court, the probate court rarely enforces the 20 day answer period. In fact, in most case, the person served never files an answer.

Are you being represented by an attorney?

If you are, I hope you have sought your attorney's advice.

The process of a divorce complaint has a life of its own with certain requirements and certain options.

You can legally seek what is knows as a default judgment, a very rate approach to this type of legal action.

Even under the best conditions, you could get a divorce, but almost all of the other issues are not going to be resolved.

So there are costs and benefits in taking your suggested approach.

You can contact me at my office for a complimentary consultation if you have any further questions, or need assistance.

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Answered on 2/13/07, 10:30 am


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