What Happens When Only One Spouse Wants a Divorce?
I recently had a client who was ready to file for divorce, yet her husband had told her numerous times he was not going to divorce her. My client had already done marital therapy for months and spoken to her husband at length regarding getting a divorce, and still her husband refused to participate. My client asked me what her options were moving forward, since she was adamant that she was getting divorced. I am sharing this information, as it has become a common issue between spouses.
Here is what you need to know:
- First, it is important to note that Massachusetts is a no-fault state, which means that you can file for divorce for any reason or no reason at all, and it will be recognized. Once you decide you want a divorce and that you will proceed to litigation, you will file a complaint for divorce (no-fault), and your spouse’s signature is not required. You will be filing for divorce under G.L. c. 208 section 1B, which is the proper way to file when there is a contested divorce between spouses.
- Your spouse will be served in hand by a constable or sheriff assuming they do not have an attorney or their attorney did not accept service. Your spouse will have to sign the summons, which is required by the courts to show they received the document. Once the spouse receives the complaint and summons, they will have twenty days to respond to the complaint by filing an answer. If your spouse does not reply (you may have to offer extensions to be fair), you can proceed with a default judgment in court. If your spouse does respond, the court will proceed forward with a typical fourteen-month timetable for your divorce.
- Once you receive the signed summons, you file the complaint and the summons with the court for your county. At that time, you can begin to work on your financial statement, which is due 45 days after the summons and complaint are filed with the court.
“Nobody said it was easy
The Scientist, Coldplay
Oh, it’s such a shame for us to part
Nobody said it was easy
No one ever said it would be so hard
I’m going back to the start”
Looking for more information? Connect with Attorney Alison B. Litt today.
