August 19, 2017

Can the respondent of an uncontested divorce in MA file the divorce papers without waiting for the petitioner to do it?

Additional Information:

Both parties went over paperwork to make all corrections petitioner dragging feet about filing respondent wants done now.


As long as everything has been signed and filled out appropriately you can file it with the Court. The problem with be if the petitioner has changed their mind about the terms of the agreement then the Court will not accept the divorce agreement at the final hearing that both parties do not agree to.

If it appears that there is no longer an agreement between you and the petitioner you may just want to serve them with a complaint for divorce to get the ball rolling and hopefully reach an agreement later. At least then the Court will have jurisdiction over the case and the clock will start ticking on the divorce. Most divorces are put on a 14 month track assignment.

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