Summons Issued in Divorce: What Does It Mean? (Massachusetts)

Starting the divorce process is a significant step, often stirring a mix of emotions and questions. Among the first formal steps in this journey is the issuance of a summons. If you’ve been served with one, you might be wondering what it means and how it affects you. Let’s break it down in a straightforward way.

At Reade Law Firm, PC, we’ve helped many Massachusetts residents through the divorce process. We understand the questions and concerns that arise when you’re faced with legal documents like a summons. In this article, we’ll explain what a divorce summons is, why it’s important, and what you should do if you receive one.

What is a Divorce Summons?

A divorce summons is an official document issued by the court to notify you that your spouse has filed for divorce. It’s essentially the court’s way of saying, “This case is now active and you are officially part of it.” While it may feel intimidating, a summons is a routine part of the divorce process.

Purpose of a Divorce Summons

  1. Formal Notification.
    A summons informs the recipient—known as the defendant or non-filing spouse—that their partner has initiated a divorce case.
  2. Legal Obligations.
    It outlines the recipient’s responsibilities, including how and when to respond. In Massachusetts, you typically have 20 days from the date of service to file your response.
  3. Court Authority.
    By issuing the summons, the court establishes its authority over the divorce case and the individuals involved.

What’s Included in a Divorce Summons?

A divorce summons is more than just a piece of paper—it contains critical information about your case. Here’s what you’ll typically find:

  • Official Details:
    The court’s seal, the clerk’s signature, and the case number.
  • Names of Both Parties:
    This includes the plaintiff (the spouse filing for divorce) and the defendant (the non-filing spouse).
  • Court Information:
    The location where the case is filed.
  • Instructions for Responding:
    Guidance on how to file an answer or counterclaim.
  • Deadlines:
    The timeframe you have to respond (usually 20 days in Massachusetts).
  • Consequences of Not Responding:
    Failure to respond can result in a default judgment, meaning the court could proceed without your input.

In some cases, the summons may also include an Automatic Temporary Restraining Order (ATRO). This order may restrict both parties from:

  • Selling or transferring marital assets.
  • Taking children out of state without permission.
  • Changing insurance policies.
  • Incurring significant new debts.

What Does It Mean to Be Served?

If you’ve been “served” with a divorce summons, it means you’ve been formally notified of the divorce filing. This is a legal requirement to ensure you’re aware of the case and have the opportunity to respond.

In Massachusetts, service of a summons is typically carried out by:

  • A sheriff or constable.
  • A special process server.

The person serving the documents must ensure you receive them directly and may provide proof of delivery to the court.

What Should You Do After Being Served?

Receiving a summons can feel overwhelming, but taking the right steps can help you stay on track:

  1. Read Everything Carefully.
    Start by reviewing the summons and the accompanying complaint. Pay attention to deadlines, instructions, and any claims made by your spouse.
  2. File Your Answer.
    Your answer is your official response to the divorce complaint. It’s your chance to address the claims and make any counterclaims of your own.
  3. Seek Legal Counsel.
    Divorce is a significant legal process, and having a knowledgeable attorney can make a big difference. At Reade Law Firm, PC, we’re here to help you explore your options and protect your rights.

Why Choose Reade Law Firm for Your Divorce?

Divorce involves critical decisions about property, custody, and support—decisions that can shape your future. Having the right attorney ensures your interests are protected. At Reade Law Firm, PC, we listen to your story, explain the legal process in plain terms, and advocate for you every step of the way.

If you’ve been served with a summons or are considering divorce, don’t face it alone. Contact us for a confidential consultation and let’s work together to secure the best outcome for you. Call today at (978) 767-8383 to get started.