South Deerfield, MA asked in Family Law and Civil Litigation for Massachusetts

Q: What if I filed a complaint but no answers have come in and it is 35 days now. What do I do now?

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

A: Assuming you are talking about divorce, "filing a complaint" is not enough to get what you call "answers" and the Rules call "Defendant's Answer".

Have you received and served, according to the Rules, a Summons?

It looks like you are not prepared to do this on your own.

If you cannot retain an attorney to handle the divorce, you may want to look into retaining a Limited Assistance Attorney. Learn more at: https://www.mass.gov/info-details/limited-assistance-representation-information-for-the-public

Brian Waller
Brian Waller
Answered
  • Worcester, MA
  • Licensed in Massachusetts

A: If you haven't heard anything from the court yet, I would recommend contacting the Register's office and trying to find out if there is a reason it hasn't been processed.

If you have already served the other party, make sure you have returned the summons to the court and that they have received it and docketed it.

If the other party has been served and they haven't filed an answer yet, you don't need to worry about anything. The other party isn't required to file an answer, and if they miss the 20-days that are usually allowed, judges will normally allow an answer to be filed late if nothing has happened in the case yet.

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