You or your divorce lawyer files for divorce, then what?
Divorce attorneys in Massachusetts know what to do after they file for divorce. But if you are unrepresented, the next step is that you wait till the court sends you a summons and a copy with the complaint for divorce. Thereafter, the summons (which is good for 90 days) and copy of the complaint must be properly served on your spouse by a neutral third party, typically a constable. Once served, the other side has twenty (20) days to file an answer and optional counterclaim.
Service of divorce papers
Rule 410 Documents
What is next? After you or your divorce lawyer serves your spouse with the summons and complaint, you and your spouse have 45 days to exchange initial and mandatory discovery documentation, called Rule 410 documents. It is a very good idea to have the following documents scanned and saved as PDFs. Rule 410 documents include:
- Last three years of income tax returns;
- Four of your most recent pay-stubs;
- Last three years of statements for all bank accounts;
- Last three years of statements for all retirement accounts;
- If applicable, documentation regarding available medical insurance coverage;
- All applications for any loans you applied for in last three years(Includes loans for vehicle, boat, real estate mortgage, HELOC, business, credit card, etc.)
Scans and PDFs of your 410 Documents save you time and money
Although not mandatory, it is also a good idea to start collecting your credit card statements for the last three years.
Only after these documents are exchanged can further discovery be engaged in, like depositions, requests for documents, interrogatories, appraisals, etc.
Although not rocket science, it can be confusing and have negative consequences if not done properly.
Contact Angel Burke Law for a consultation to ensure that you are prepared and confident for a divorce.
