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One of the first steps in the divorce process is to answer the summons and complaint that your spouse served on you. This document will set the tone of the case, so it’s important to take some time to understand what it means and how you should respond to your spouse’s allegations. To learn more about what happens after you answer a summons and complaint, read on for an overview of the process and timeline of a divorce proceeding in Massachusetts.
The summons and complaint are served
The plaintiff must serve the summons and complaint to you or to an agent authorized by you, like a process server. If the summons and complaint are served personally, the person who serves them must tell you what they are (that is, that they are the summons and complaint) and what they say you did wrong. The person who serves them will also give you copies of all those papers.
You have a limited time to respond
The defendant has a limited amount of time to respond to the summons and complaint. This can be done by either responding in person at the clerk’s office or by mailing in a response form. The response form is available on the court’s website and must be signed by the defendant, notarized, and mailed into the court. If you don’t respond within this time frame, a default judgment may be issued against you without notice.
Discovery may begin
Once you have filed your answer to the summons and complaint, the discovery process will begin. Discovery is a method of obtaining information from one party to another to find out their case. There are two types of discovery: depositions and interrogatories. Depositions are when one party asks questions under oath or affirmation to another party, who answers them. Interrogatories are written questions that one party sends to the other party with a deadline for response.
Depositions may be taken
Once a summons and complaint is answered, the plaintiff has the opportunity to conduct a deposition of the defendant. Depending on what both sides agree upon, the deposition may be taken before or after the trial. If they cannot agree on when the deposition should take place, then it will happen before the trial. During the deposition, questions will be asked by an attorney of one party or another that relate to your involvement in the case.
Motions may be filed
After you answer the summons and complaint, you have a number of motions that you can file. Motions are requests to do something before the case goes to trial. You may be able to file a motion for discovery, which is a request for information from the other party, like bank statements or tax returns. Other motions may be filed, such as one for summary judgment, which asks for all claims in the case to be dismissed because there is no dispute about any material facts.
Conclusion
If you have been served a summons and complaint, talk to your lawyer about what you should do next. Your lawyer can help you decide if you want to file an answer or request a time extension for the response. If the lawsuit is based on written documents, it may be best to file an answer before taking any other steps. If the lawsuit is not based on written documents, then it may be best to first request more time to gather all of the necessary information.
