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Service of Summons Process in a Divorce Case

Service of process means giving a divorce complaint and summons to the Defendant in a legally permissible manner, thereby “serving” them with notice.  Generally, service of the summons is effectuated when a person authorized by Mass.R.Dom.Rel.P. 4(c) serves the summons and a copy of the complaint on the Defendant.

The persons authorized to serve the summons in a divorce case include: (1) A sheriff; (2) a deputy sheriff; (3) a special sheriff; (4) any disinterested person; (5) an authorized process server; and (6) any person specially appointed by the court.

Many disinterested persons help Plaintiffs serve the summons and divorce pleadings on the Defendant.  However, there are special requirements to make such service valid.  The disinterested person must have absolutely no claim or interest of any kind in the case.  They must also personally know the Defendant; they must know that the Defendant is the spouse of the Plaintiff; and that he personally served the Defendant with the documents.

The disinterested person must sign a sworn affidavit indicating that these requirements are met.

For a free, private consultation regarding divorce and service issues, contact our office at your convenience.  We are available by phone or email to speak with you today.

Our firm serves all courts in Bristol County, including the New Bedford, Fall River and Taunton courthouses.  The cities in Bristol County that we serve include Dartmouth, Attleboro, and Mansfield.  We also serve all courts in Plymouth County, including the cities of Marshfield and Easton.

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