Q: Emails accepted as proof of service of divorce process? Weekends/holidays counted in time required for response?
On Dec 17, plaintiff's divorce atty emailed copy of divorce/separate support summons & track assignment notice served on defendant by MGL c. 223A, stated to be considered sufficient since defendant lives in Louisiana; certified letter sent by plaintiff's atty but def. did not see email until after Dec 25 & checked w/ homeless organization which provides address for mail as def. is homeless. Cert letter was not accepted by homeless org. & was returned to plaintiff's atty Jan 16. Due to various mail issues, def. opened PO box & informed plaintiff Feb 3, & plaintiff's atty sent another email/1st class letter March 11 stating that another package similar to one sent on Dec 17 was being sent via certified & 1st class mail. Stated that upon def.'s acceptance of certified mail, case could proceed. Post office received certified letter March 21 but still cannot locate the certified letter to date; 1st class letter received though. Service for publication filed March 25 by plaintiff's atty.
A: Whatever happened before the Alternate Service by Publication was ordered is not relevant. The Answer to the Complaint should be promptly filed once notice of the Complaint is received by you. You may be eligible for legal services from a local legal aid organization. Bear in mind that Massachusetts has been declared a Disaster Area due to the Covid-19 outbreak and the Courts have issued orders which ae applicable for this period and navigating same is not easy for attorneys either!
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