Being served with divorce papers does not mean you have to accept what your spouse is proposing. But how you respond — and how quickly — matters more than most people realize. Here is what to do in the days immediately after you've been served.

You Have 20 Days to Respond

In Massachusetts, if you are served with a divorce complaint, you have 20 days to file a written Answer with the court. If you miss that deadline, the court may enter a default judgment against you — meaning your spouse could get everything they asked for without further proceedings. 20 days is not a long time. Don't wait to contact an attorney.

Step 1: Read Everything — But Don't Panic

The complaint tells you what your spouse is asking for: property division, child custody, child support, alimony. What they're asking for is their opening position — not the final outcome. Courts decide these issues based on law and facts, not on one party's demands. Read it thoroughly, note what seems unreasonable, and bring it to your attorney consultation.

Step 2: Do Not Move Out Without Legal Advice

One of the most common mistakes is voluntarily leaving the marital home after being served. In Massachusetts, vacating the home can complicate your position on property division and your access to your children. It can be interpreted as abandonment. Before making any decision about where to live, speak with an attorney.

Step 3: Protect the Finances

Massachusetts law imposes automatic financial restraints once a complaint is filed. You cannot sell, transfer, or dissipate marital assets — but you can use marital funds for ordinary living expenses. Document the state of all financial accounts on the date you were served. If your spouse is moving money, contact an attorney immediately.

Step 4: Gather Financial Documents

Start collecting: tax returns for the past 3–5 years, pay stubs and W-2s, bank and investment account statements, retirement account statements, mortgage statements, property tax bills, business records if self-employed, and life insurance policies. The more you bring to your first attorney meeting, the more effectively your case can be assessed.

Step 5: Watch Every Communication

Every text, email, or social media post during a divorce can potentially be used as evidence. Be thoughtful and deliberate in all communications from this point forward.

Call Sofio Law Today — Free, Confidential Consultation

Attorney Jessica R. Sofio represents clients going through divorce across Plymouth County, Norfolk County, and the South Shore. Every conversation is confidential. No obligation.

(774) 801-9774 | info@sofio.law