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. It is very rare that such a person serves the Summons on a defendant.
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.
We handle many cases in Middlesex County (courthouses are in Woburn and Lowell) and Norfolk County (Canton), as well as Essex County in Salem. We also handle matters in Bristol County, including the New Bedford, Fall River and Taunton courthouses. We also serve all courts in Plymouth County including the Family and Probate Courthouses in Plymouth and Brockton. We have offices conveniently located in Needham, Boston, Hingham and New Bedford.