Default Divorce Massachusetts: What Happens When Your Spouse Does Not Respond

You filed a 1B divorce complaint in Massachusetts. You served your spouse properly. And then — nothing. No answer, no counterclaim, no contact. This is more common than you might think, and it does not mean your divorce is stuck. Massachusetts has a clear process for moving forward when the defendant spouse fails to respond.

The 20-Day Response Deadline

After being served with the summons and complaint, the defendant has exactly 20 days to file an Answer to Complaint for Divorce (Form CJD 201) with the court and serve a copy on the plaintiff. If the defendant does not file an answer within this window, the case can proceed toward a default judgment.

The 20 days runs from the date of actual service — the date documented on the Return of Service filed by the sheriff or constable — not from the date you filed the complaint.

How a Default Is Entered

A default does not happen automatically when the 20 days expire. You must take action:

Step 1: After the 20-day deadline passes with no answer filed, you can request that the Register of Probate enter a default against the defendant. This formally records that the defendant failed to participate.

Step 2: The court schedules a default hearing. Even though the defendant has not responded, the judge still needs to hear the case and make findings before granting the divorce. The six-month statutory waiting period from the filing date still applies — a default hearing cannot take place before that floor.

Step 3: At the hearing, you present your case to the judge. Since the defendant is not participating, you will need to provide:

• Testimony about the irretrievable breakdown of the marriage
• Your completed Rule 401 Financial Statement
• A proposed separation agreement or a statement of the terms you are seeking (property division, custody, support)
• Evidence of proper service

The judge evaluates the terms under M.G.L. c. 208, Section 34 to ensure they are reasonable and equitable, even without the defendant's participation. The court will not rubber-stamp terms that are grossly unfair to the absent party.

What the Defendant Can Still Do

A default does not permanently lock the defendant out. They can file a Motion to Remove Default at any time before the final judgment, explaining why they failed to respond. Valid reasons might include:

• Never actually receiving the papers (defective service)
• Serious illness or incapacitation during the response period
• Military deployment

If the court allows the default to be removed, the case reverts to a standard contested 1B proceeding and the defendant can participate.

After the Default Hearing

If the judge approves your terms at the default hearing, the judgment follows the same nisi timeline as any 1B divorce:

• Judgment Nisi enters immediately
• 90-day nisi period
• Judgment Absolute after 90 days

You then request your Certificate of Divorce Absolute (Form PFC 18, $20 per copy) once the nisi period expires.

When a Default Gets Complicated

Several situations can complicate the default process:

• Service by publication: If you could not serve your spouse in person and used alternative service through a newspaper, the court may scrutinize your terms more carefully since the defendant may not have actually seen the papers
• Children involved: Courts are especially protective of children's interests and may appoint a guardian ad litem or require additional evidence about custody and support, even in a default case
• Property and assets: If there are significant marital assets, the judge may require a detailed accounting before approving the distribution

The Practical Reality

A default divorce in Massachusetts is not a shortcut — you still face the six-month hearing floor, the full paperwork requirements, and the 90-day nisi period. What it does is remove the obstacle of an uncooperative spouse. You can move your case to completion without their participation.

The Massachusetts Divorce Filing Process Guide covers the full default process, from tracking the 20-day response deadline through preparing for the default hearing.

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