Serving divorce papers in Massachusetts

How papers are served in Massachusetts

• For a contested (1B) complaint, a sheriff or constable must deliver the summons and complaint to your spouse, or your spouse can sign an acceptance of service.
• A joint 1A petition needs no service.

Law: Mass. R. Dom. Rel. P. 4, 12; Mass. Gen. Laws ch. 208, sec. 1A

Deadline to respond and default

20 days after you receive the summons and complaint (the summons states the deadline).

If your spouse doesn't respond in time, you can usually ask the judge for a default judgment.

Serving your spouse in Massachusetts, step by step

1. File your papers first

   File with the Probate and Family Court in the county where you last lived together (if one of you still lives there) or where either of you lives. Service comes after filing.

2. Serve the papers

   A joint 1A petition needs no service.

3. Or have your spouse sign

   For a contested (1B) complaint, a sheriff or constable must deliver the summons and complaint to your spouse, or your spouse can sign an acceptance of service.

4. File proof of service

   File the proof of service with the court.

5. Watch the deadline

   20 days after you receive the summons and complaint (the summons states the deadline).

6. If there is no response

   If your spouse doesn't respond in time, you can usually ask the judge for a default judgment.

Questions about serving divorce papers in Massachusetts

More about divorce in Massachusetts

• All Massachusetts divorce laws
• Uncontested divorce in Massachusetts
• Massachusetts divorce forms and filing fees
• Alimony in Massachusetts
• Child custody and support in Massachusetts
• Divorce timeline estimator for Massachusetts
• Divorce checklist for Massachusetts
• Served with divorce papers: what to do
• Timeline estimator

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