Massachusetts, like every other state, has laws providing for so-called “no fault” divorces.  What is a no fault divorce?  In Massachusetts a no fault divorce is generally based on “irreconcilable differences” or an “irretrievable breakdown of the marriage” and therefore the person seeking the divorce needs to prove no specific reason for pursuing the divorce.  However, a fault divorce is just the opposite; the party pursuing the divorce for grounds — let’s use adultery as an example — must go through the processing of proving that there was in fact an adulterous relationship.

Pursuing divorce based on grounds is usually more complicated (and therefore more costly) than a no fault divorce.  While there is undoubtedly a lot of pain associated with an unfaithful spouse and while there may be some perceived vidication of proving that an adulterous relationship was in fact happening, the process is more often than not more grueling and can create even more pain than a “simple” no fault divorce.

Too often people will call me or meet with me weeks after they have been served.  Most people do not want to admit or acknowledge that the divorce is now happening.  Some people assume that by doing nothing they can prevent the divorce from happening.  I can assure you that in Massachusetts this is not the case; unless you can find grounds to dismiss the complaint or the plaintiff voluntarily withdraws the complaint, the divorce will proceed.

Start by reading the summons.  There is a lot of important information on that one page.  One very critical piece of information is the automatic restraining order that is mentioned on the bottom.  This order prevents both parties from, among other things, engaging in certain financial transactions.  This effect of this automatic restraining order applies immediately and failure to comply may result in contempt of court.

After reading the summons and the immediate effect of the automatic restraining order the next critical deadline is the answer.  An answer but given to the plaintiff’s attorney.  (In the event that the plaintiff is representing him- or herself then the answer must be given to him or her.)  Failure to do so could result in a loss of certain rights.

Finally, in all legal matters it is highly advisable to seek the counsel of an attorney.  Divorce will have a significant effect on your financial and legal rights.  Do you really want to travel on such an important journey without a compass?  Ask friends, co-workers, and family for referrals.  Check with the Massachusetts Bar Association or your local county bar association.  And certainly feel free to contact me for a free consultation.