Hello everyone,
I recently received a "copy" of a complaint for divorce (in Massachusetts) from my X wife. There is no docket # on this document. I have called the county where it is said to be filed and asked for them to tell me if any motions have been filed using the names of plaintiff and defendant (of which I am obviously one) Today they told me that they could not disclose that information to me unless I had already been served with the complaint, which i haven’t as i said I have only received a copy from my X's attorneys office.
Does anyone know if this is accurate? I understand that in MA there is a temporary financial restraining order filed with a divorce compliant and this is what they referred to when telling me they could give me any information but it just doesn’t seem right. I'm just trying to stay ahead of the curve.
Thanks in advance
Defendant Must Be Served a Summons to Commence a Lawsuit
There are two ways to commence a lawsuit for divorce in Massachusetts. The plaintiff can file the complaint with the Probate and Family Court, and then serve the defendant with the complaint for divorce. Or the plaintiff can serve the defendant with the complaint and then file the complaint with the Probate and Family Court. The defendant must also be served a summons from the court. It is the summons that grants the court the power over the defendant to hear the case.
A summons is an order of the court directing the defendant to appear to answer the lawsuit. The court clerk issues the summons upon request of the plaintiff. The summons will have a docket number on it. No summons means there is no lawsuit, even though it may be in the works. Either way the complaint for divorce has to the filed with the Probate and Family Court and it must be properly served on the defendant along with the summons. After the summons is served on the defendant proof that the summons was served is returned to the court. That is when the lawsuit really commences.
You can call the opposing attorney’s office, and ask them if they have filed the case yet and what the docket number is. Say you want to start preparing your response, and you need the number. They might tell you. It sounds from your phone call as if the served summons has not been returned to the court. You can call the clerk’s office and ask for the docket number. Once you have the docket number you can go to the courthouse where the case is filed, and ask to see the file. That will let you know what is there. But, sometimes there is a delay of a few days, depending on how busy the particular court is, between the time the clerk receives a document and when it get filed into the case file folder. Wait a couple of weeks to see if you get further service, but then stay on top of the case. Call the court clerk, and call the opposing attorney. You don’t want to miss any deadline for your response.