Massachusetts Contested Divorce
Before you can file any paperwork in a Berkshire or Pioneer Valley divorce case, you must qualify. The residency requirement is such that you must have lived in Massachusetts for at least one year, or the reason for the breakdown must have happened here.
Where It All Begins – Filing, Docketing and Serving Divorce Papers
The formal process of divorce begins with one party filing the complaint for divorce, having the matter assigned a docket number, and then serving the other with a summons and complaint.
These documents require the recipient to appear in court to answer the summons, and outlines the basic facts on which the complaint is based — the names of the parties, the history of the marriage and whether there are children. It also outlines the relief that the complainant seeks — alimony, child support, custody and division of property. Finally, it prohibits either party from disposing of property as part of Rule 411 – the Massachusetts automatic asset restraining order.
At The Massachusetts Family Law Group, our Springfield lawyers help clients throughout Western Massachusetts file and respond to divorce complaints and summons. We help a client respond to a complaint if his or her spouse filed first. In addition, we help clients who have been served file counterclaims in order to preserve their rights to the Massachusetts rules.
What Must Accompany the Complaint for Divorce?
To file, you need a certified marriage certificate to accompany your complaint for divorce. Many attorneys, including ourselves, often include temporary orders when they prepare the complaint. These orders can include requests for alimony, child support and child custody while the divorce process moves forward. The attorney may also file emergency motions, such as requests to vacate the marital home or restraining orders to protect the complainant against domestic violence.
Don't Wait to Respond to a Complaint for Divorce
After the divorce summons and complaint are filed with the court, it must be served on the defendant. A constable must hand deliver the complaint, summons and any motions for temporary orders. This represents formal notification that the divorce process has started. If you receive a summons, do not wait to speak with lawyer. Your spouse has already seized the advantage by filing first.
Things to Do After Receiving a Complaint
Open new bank accounts with half of the money in your joint accounts; don't spend it if at all possible. Ask your lawyer to get an asset restraining order to prevent your spouse from raiding the safe deposit box or specific bank accounts. Cancel credit cards in your name. If you don't have credit in your own name, start building a credit rating by applying for credit cards or store accounts. If you and your spouse are going to continue to live in the marital home until the divorce is finalized, figure out where each of you will sleep. If possible, speak with your spouse to determine how you are going to tell the children.
Things to Avoid After Receiving a Complaint
One of the reasons to speak with a lawyer right away after receiving a divorce complaint is to prevent mistakes that could compromise your rights and affect the outcome of the divorce process.
For example, do not lock your spouse out of the house or abandon your children. Do not manipulate your children into saying bad things about the other parent. Do not empty the savings account. All these things will probably come back to haunt you.
If You Have Been Served With Divorce Papers or Are Considering Filing for Divorce, Contact Our Attorneys Immediately.
If the time has come to leave your spouse, you need a solid exit plan. More than 50 percent of all marriages end in divorce, and those who don't plan are hardest hit as a result. If your spouse has initiated proceedings, do not sign anything until you are represented and informed by a lawyer.
Take control and make sure you're protected. Contact our Western Massachusetts divorce attorneys toll free at (800) 941-DIVORCE to learn about filing and serving the divorce complaint in Springfield, Pittsfield, Northampton or Greenfield.
We offer clients a free, no-obligation consultation at any of our local offices or our offices.
