Legal Question in Family Law in Massachusetts
Spouse avoiding divorce requests
We have been separated for almost 2 years and now I am trying to get a divorce; we had agreed on a 1-A no-fault, uncontested divorce as we have no children and don't own real estate. For about a month now I am unable to get a hold of her in any way. Can I get a divorce if my spouse has moved on and does not want to waste her time with all the formalities required for a divorce? As far as she sees it this is my problem and I need to resolve it without inconveniencing her.
What are my options; if she neither has the time for signing any paper work nor showing up at court when it comes time to?
Thank you.
2 Answers from Attorneys
Re: Spouse avoiding divorce requests
File a complaint for divorce, which cost 195.00, plus 5.00 for summons; and once you receive the summons back from the court have the sheriff in your county serve her with the summons and your complaint.
She has no choice but to come to court and if she doesn't and you have proof for the court that she was properly served by sheriff, they may grant it even if she is a no-show.
However, if you do not know her location, once you file the complaint, you may have to file a motion for alternative service (i.e. Motion to publish, etc.) The bottom line is that she is entitled to notice.
Hope this is a helpful start. Feel free to email me if you have any further questions.
email address: [email protected]
Sincerely, Maria Murber
Re: Spouse avoiding divorce requests
Retain an attorney to assist you in getting her effectively served with a complaint for divorce, and getting her to sign a 1-A divorce agreement. Good Luck!
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