Marriage is supposed to be a life-long commitment, but unfortunately, not all marriages last forever. In Massachusetts, approximately 13.6% of the state’s population is divorced. When a marriage irreconcilably breaks down, the only option left is to go through a divorce. If you are considering ending your marriage, there are certain legal procedures you must follow, including properly serving divorce papers to your spouse. Serving divorce papers is a crucial step in the process of getting a divorce, and the importance of doing it correctly cannot be overstated.
What is Serving Divorce Papers in Massachusetts?
Serving divorce papers is the process of delivering a copy of the divorce petition and other essential documents to the other spouse. It is also called serving process or service of process. The papers must be delivered in person or by mail to the other spouse or his/her legal representative. The individual who serves the papers is called the “process server.” This is a person who is authorized to deliver legal documents. As per the Massachusetts law, the spouse must receive the papers at least 90 days before the court date.
Why is Proper Service Important?
Proper service ensures that the other party is aware of the divorce, has time to respond, and understands the legal procedures involved. Failure to properly serve the other party can result in significant delays, additional costs, and even dismissal of the case.
Avoid Delays
If you fail to adhere to the legal requirements when serving divorce papers in Massachusetts, you may cause significant delays to your divorce process. These delays are costly and can be frustrating for both parties involved. It is important to ensure that the papers are served according to the legal requirements and on time to avoid unnecessary delays.
Avoid Additional Costs
Improper service of divorce papers can also lead to additional costs. The court may require you to serve the papers again, which will incur additional fees. The other party may also claim ignorance about the divorce, thus requiring you to hire another process server. All of these costs can add up and prolong your divorce proceedings.
Avoid Dismissal of Your Case
If you fail to serve the papers correctly, your case can be dismissed entirely. When a person files for divorce, they expect to go through the entire divorce process until it concludes with a legally binding judgment from the court. However, if the papers are not served correctly, the other spouse may file a motion to dismiss the case, which can result in the case being thrown out.
How to Serve Divorce Papers in Massachusetts?
In Massachusetts, a person over 18 years old who is either a party to the case or an authorized court official can serve the divorce papers to the other spouse. The papers must be delivered to the other spouse or his or her attorney personally or by mail.
Personal Service
Personal service means that someone personally hands the papers to the other party. The person can be any adult who is not related to either party, a sheriff, or a constable. Personal service is the most reliable method of serving divorce papers in Massachusetts.
Substituted Service
Substituted service is a type of service allowed in Massachusetts for situations where the other party is difficult to serve personally. The divorce papers may be left with another adult at the spouse’s residence or place of business. The person accepting the papers must be at least 18 years old and capable of understanding the significance of the documents.
Service by Mail
When serving divorce papers by mail in Massachusetts, the papers must be sent by certified mail and return receipt requested. It is important to note that service by mail is not always allowed, and there are specific requirements that must be followed. The papers must be mailed to the spouse’s last known address.
Conclusion
Serving divorce papers in Massachusetts is one of the most important steps in the divorce process. The proper service of divorce documents is crucial to avoid delays, additional costs, and dismissal of the case. It is important to follow the legal requirements when serving the papers to ensure that the other party is aware of the divorce, has time to respond, and understands the legal procedures involved. By understanding the importance of properly serving divorce papers in Massachusetts, you can help ensure that your divorce proceedings go as smoothly as possible.