Legal Question in Family Law in Massachusetts
Divorced husband demanding 40% of property
Can you explain due notice? What is the time period that needs to go by for a person to serve papers and the court appearance?
1 Answer from Attorneys
Re: Times Limits for service, and court hearings.
You ask two separate questions.
WHen a person files a complaint in a domestic matter is covered by Rule 4(J) of the Civil Rules - that service must be done within 90 days. If not done within this time period, the complainant must request additional time, or the complaint can be dismissed.
AS for court appearances, except for a case management conference, there are no appearances scheduled. Either party can schedule a hearing for various purposes, usually by filing a motion and serving it on the other person with notice of when and where the hearing is to be held.
If you have any other questions, you can contact me.
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