Does my spouse need to be served with divorce papers?
Yes, in Massachusetts your spouse needs to be served with divorce papers when filing for divorce. In Massachusetts, either you or your lawyer will serve the divorce papers to your spouse. The papers must be properly served and accepted by your spouse in order to proceed. Your spouse must be served personally with the divorce papers, either by you or an appointed process server. You cannot simply mail the divorce papers to your spouse without their knowledge. Serving the divorce papers is an important part of the process needed to move forward with the divorce. Without formally serving your spouse, the courts cannot address the division of assets, alimony payments, and other issues related to your divorce. When serving your spouse, make sure to keep the original divorce papers and copies of them. This will allow you to prove to the court that you did serve your spouse with the divorce papers. The court will need proof that service was made in order to move forward and issue a judgment for divorce. If you have difficulty serving your spouse, you can always ask the court for help. The court can provide assistance in determining how to properly serve your spouse and provide proof that service was made. If your spouse is hiding or cannot be found, the court can also provide instructions on how to move forward with the divorce in such cases.
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