Randolph, MA asked in Divorce for Massachusetts

Q: I filed for a divorce in February 2020. The other party couldn't be located. Is there something else i should do ?

The party was due in court on 4/3/20. However, due to the virus the court held a phone conference. The party did not phone in. He is due back in court on the 15th of May, providing the courts are in session. Should I attempt to have him served again and do I just have to pay the Sheriff's Department or refile over again.

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2 Lawyer Answers
Anthony C. Adamopoulos
Anthony C. Adamopoulos
Answered
  • Topsfield
  • Licensed in Massachusetts

A: Since I do not know what you mean by filed. I will assume that you filed in the correct Court some document. Your next step is to call or email the court give them your docket number and ask what is the next step. There is no value in my trying to guess exactly where you are at. Good luck

1 user found this answer helpful

Lillian J. LaRosa
Lillian J. LaRosa
Answered
  • Woburn, MA
  • Licensed in Massachusetts

A: From your comment I am understanding that the Deputy Sheriff or Constable was unable to make in hand service of he Complaint and Summons and returned such on the Summons. The next step is to seek a Motion for Alternate Service by publication based on that fact. This would result in an Order that service be made by publication in a newspaper designated by the Court .

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