Complaint Waived File For Divorce In Massachusetts
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FAQ
There is no way to force your spouse or partner to agree to your settlement terms. Even if you did force him or her, it would be possible for him or her to set aside the agreement later by pointing out coercion or duress.
On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.
Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or “serve”) one to the plaintiff or plaintiff's attorney. The plaintiff is the debt collector, creditor, or law firm suing you.
What if we change our minds about our divorce but have already filed? If the Absolute is not in effect yet, you and your spouse and stipulate to dismissing the divorce action. That will stop the current process and will not restrict your options to refile in the future.
While the answer is simply admitting or denying information from the complaint, the counterclaim can be used to put forth alternative versions of the facts or a completely different reason for the divorce. The counterclaim functions just like a complaint, you do not need to prove anything in the counterclaim.
Read the complaint and decide what to do. Read the complaint. You may agree with some, all, or none of the complaint. Write down next to each paragraph in the complaint whether you agree or disagree with what that paragraph says. If you agree with everything your spouse is asking for, you may not need to file anything.
