Legal Question in Family Law in Massachusetts
Divorse when ex cannot be served
I am seeking a divorse and my ex is either refusing to answer the door or is
hiding and using his parents to answer the door. What happens when a
spouse cannot be served?? How does the divorse go forward in this instance.
Thank you
1 Answer from Attorneys
Re: Divorse when ex cannot be served
See Massachusetts Civil Procedure Rule 4 and Massachusetts General Laws ch. 215, sections 46, 47, and 49.
After the sheriff has made a diligent attempt to serve her in person, he may leave it at her last and usual place of abode and send first-class, certified mail. In addition, you could also file a Motion for Alternative Service and they may allow you to publish it if, the court is not satisfied with leaving it at the last usual abode.
In any event, the summons needs to be served within 90-days of receipt with the complaint attached. Please reveiw the above Rule 4 and Mass.Gen.Laws that I have mentioned above. You can find them online. Sincerely, Maria Murber
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