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Filing of Complaint
Caparell & DiGregorio will file your complaint and related documents
with the Plymouth Probate and Family Court which, in turn, assigns a
docket number and judge for your case usually within two to three
weeks. A temporary restraining order to “freeze” marital assets is
automatically entered upon both you (when you file the complaint) and
your spouse (when your spouse is “served”).
Service of Complaint
We need to “serve” a copy of your complaint, along with a summons,
to your spouse. We send it to him/her or his/her attorney to accept
service, or, in the alternative, we arrange for our constable to deliver
these documents to him/her personally.
Filing of Answer
(and Counterclaim, if applicable)
Your spouse should file a written “answer” or response to all of the
allegations made in your complaint as well as your requests for relief.
Instead of filing his/her own Complaint for Divorce, your spouse may
file a “counterclaim” alleging his/her own facts and requests for relief.
Motions for Temporary Orders
We may seek temporary orders for you and your family to establish an
interim parenting plan and financial arrangements, such as alimony,
child support, health expenses and insurance, and payment of certain
household expenses, while we work toward a final agreement. Each
Judge addresses motions on a certain day each week. Court rules
require us to give your spouse seven to ten days advance notice of these
motions.
Rule 410 Mandatory Self-Disclosure
Within 45 days [of service or filing], you and your spouse must
exchange certain documents outlined in the enclosed Rule 410
worksheet found in this folder.
Parent Education Program
If you have children, both you and your spouse are required to attend a
parent education program prior to our requesting a pre-trial conference
or final hearing. Information about the Parents Apart program in our
area is enclosed in this folder.
Financial Statements
Both you and your spouse are required to file your current financial
statements with attached W-2s or 1099s within forty-five (45) days of
the filing of your complaint. In addition, you and your spouse must
exchange financial statements within 14 days if requested by one
another in writing or 2 days prior to any scheduled hearing. A financial
statement is enclosed for you to complete and return to our office. If
you are self-employed or receive income from rental property, you
must also provide separate schedules which will be provided to you.
Additional “Discovery”
If you or your spouse require additional information from one another,
you may authorize us to pursue a Request for Interrogatories, a Request
for Production of Documents or a deposition of pertinent witnesses
witnesses, including your spouse.
A Request for Interrogatories includes written questions to be answered
in writing under the pains and penalties of perjury. These must be
answered within 30 days of receipt.
A Request for the Production of Documents is a written request seeking
certain documents or other written materials which must be produced
within 30 days of receipt.
A deposition is an opportunity to question your spouse or other
witness(es) under oath. All of the questions and responses are recorded
by a stenographer and later preserved in a formal document called a
“transcript.”
Four-Way Meeting
You, your spouse and your attorney(s) must participate in a settlement
meeting to explore the resolution of your case without the emotional
and financial expense of a full trial. This meeting occurs usually after
you and your spouse have complete discovery but can take place at any
time during this process.
Pre-Trial Conference
A “Pre-Trial Conference” is a meeting between you and your spouse
and your attorney(s) and the judge assigned to your case to determine
which issues remain disputed in your case. The judge will review
detailed written memorandum from us and from your spouse/spouse’s
attorney which provide a history of your case as well as a summary of
your ideal final judgment. The judge then will make recommendations
as to how to settle your case and will give us an opportunity to explore
settlement with a Family Service Officer. If we are able to reach an
agreement on all issues, the judge will enter a Judgment of Divorce that
day. If we are unable to reach an agreement on all issues, then the clerk
will schedule your case for a full evidentiary trial at a later time. Given
the current court calendar, the typical wait for a trial date is several
months to a year.
Final Hearing/Trial
If you and your spouse have reached a full agreement on all issues, then
we schedule a very brief hearing where the Plymouth Probate and
Family Court judge reviews the terms of your agreement, asks you
some questions, and then enters a Judgement of Divorce. The
substance of this Marital Agreement is outlined elsewhere in this folder.
Your divorce is final either ninety (90) or one hundred and twenty (120)
days after this hearing.
If you and your spouse cannot agree on all or some of these issues, then
we conduct an extensive evidentiary hearing -- or “trial” -- with
testimony from you, your spouse and other witnesses in accordance
with the Massachusetts Rules of Evidence and request that the Probate
and Family Court judge make a final decision on your case.
Sample Timeline for Complaint for Divorce
Every case is unique because of the parties, attorneys, and Judge involved as well as the different issues presented.
The following timeline reflects the “typical” steps in a divorce case and explains these stages in some detail. The
Massachusetts Rules of Domestic Relations Procedure and other court rules establish deadlines and other mandatory
time restriction. While you may not experience all of these aspects of litigation, you may find this summary helpful
during this divorce process.
Day 1
File Complaint
Obtain docket number and Judge’s assignment
Complete Service of Summons
File and Schedule Motions for Temporary Orders
Arrange for participation in Parent Education Program
Draft Financial Statement and Rule 410 Documents to Caparell & DiGregorio
Day 20
Answer (and Counterclaim, if applicable)
Day 40
Exchange Financial Statements and file with the Court
Day 45
Exchange Rule 410 Discovery
Complete Additional Discovery as necessary
Participate in Four-Way Meeting
Prepare for and attend Pre-Trial Conference
Prepare for and attend Final Hearing/Trial
Filing Complaint for Divorce
Service of Summons
Answer
(and Counterclaim)
20 days
Motion for
Temporary Orders
Financial Statement
40 days
Rule 410 Documents
45 days
Four-Way Meeting
Pre-Trial Conference
Final Hearing/Trial