Domestic Relations Summons in Boston, MA: What It Is and How It Works

A Domestic Relations Summons is the court's notice to the defendant in a Massachusetts divorce case. In a contested (1B) case filed through the Suffolk County Probate and Family Court in Boston, it is served with the divorce complaint and tracking notice after filing. It identifies the case, explains how the defendant can respond, and states the response deadline. Filing starts the case; proper service gives the defendant notice and allows the case to proceed.

What the Summons and Service Packet Actually Say

The Domestic Relations Summons is a Massachusetts Trial Court document. It typically identifies the court and division (in Boston, the Suffolk County Probate and Family Court at 24 New Chardon Street), names both parties, gives the docket number, and tells the defendant how and when to appear or respond. For most divorce complaints, the response deadline is 20 days after the defendant receives the summons and complaint. It also warns that failing to respond may lead to default proceedings, in which the court may decide the requested relief without the defendant's response.

The divorce filing also triggers an automatic restraining order under Supplemental Probate and Family Court Rule 411. It applies to the plaintiff when the complaint is filed and to the defendant when the summons and complaint are served. A copy of the order is served with the complaint. It generally prohibits both parties from:

• Selling, transferring, concealing, or disposing of property belonging to or acquired by either party, subject to the exceptions stated in Rule 411, such as reasonable living expenses
• Incurring new debts that would burden the other party's credit
• Changing beneficiaries on life insurance policies, pensions, or retirement plans without written consent or a court order
• Causing the other party or a minor child to lose existing medical, dental, life, automobile, or disability insurance coverage

The order remains in effect during the case unless modified by agreement or court order. If you are unsure whether a planned financial or insurance change is allowed, get case-specific legal advice before acting.

How You Get the Summons in Boston

For a 1B filing, normally use the summons supplied by the court rather than drafting a substitute. Here is the sequence:

Step 1: File your 1B complaint. You file the Complaint for Divorce under Section 1B (Form CJD-101B) at the Suffolk County Probate and Family Court. As of September 2026, the Massachusetts Court System lists a $200 filing fee, a $15 surcharge, and a $5 summons charge for a 1B divorce. If you cannot afford the fees or service costs, you may submit an Affidavit of Indigency and request a waiver.

Step 2: The court sends the summons. After you file, the court will give or mail you a Domestic Relations Summons and tracking notice. Check with the Registry if anything is missing.

Step 3: Arrange service. You are responsible for arranging service of the summons, complaint, and tracking notice on your spouse. The court does not serve the papers for you. In most family-law cases, service must be completed within 90 days after the complaint is filed.

This sequence applies only to 1B (contested) divorces. If you and your spouse file a joint 1A petition, that path generally does not require service on a defendant.

Serving the Summons in Boston

For ordinary service in Boston, arrange service through a sheriff, deputy or special sheriff, constable, or another person authorized under the court rules. The defendant may also accept service directly from you by signing a written, notarized acceptance on the summons.

Sheriff or constable service. Contact the Suffolk County Sheriff's Department or a constable to serve the papers in hand to your spouse. Service fees vary by officer, location, and the number of attempts; ask for the current amount. The server must physically hand the summons, complaint, and tracking notice to your spouse — leaving papers with a roommate, taping them to a door, or mailing them does not constitute valid service.

If your spouse lives or works outside Suffolk County, ask an authorized server in that location about the applicable procedure and fee. Service costs vary, and an approved indigency waiver may cover eligible service costs.

Acceptance of service. If your spouse is willing to acknowledge receipt without a sheriff visit, they can sign the acceptance section on the summons in front of a notary. This is voluntary — your spouse cannot be compelled to accept. Afterward, file the original summons or return as directed by the Registry.

Service by alternate means. If a sheriff or constable cannot locate your spouse after a diligent search, you can ask the court for permission to use an alternate method, commonly through a Motion for Service by Alternate Means and Affidavit of Diligent Search (Form CJP 31). If the judge approves, the court will issue an order explaining what to mail and publish, where to publish it, and by what deadline. The court's checklist says the notice process generally must be completed within 30 days and may include registered or certified mailing to the last known address and publication in the named newspaper. Follow the order exactly; publication and mailing add time and costs that vary.

The Return of Service

After your spouse is served, the person who performed service completes the Return of Service on the second page of the original summons, documenting the service. You or the server must file the original with the Suffolk County Probate and Family Court Registry; check with the server about whether they will file it for you.

The filed original provides the court's proof and record of service. The response clock generally runs from the defendant's receipt of the summons and complaint, not from the later filing of the Return of Service, so do not wait for that filing before calculating the response deadline.

What Happens After Service

Once service is complete, two timelines run simultaneously:

The 20-day response window. Your spouse generally has 20 days from receiving the summons and complaint to file an Answer (Form CJD 201) with the court and serve a copy on you. The summons controls the deadline. The answer responds to the specific allegations in your complaint and may be filed with a Counterclaim for Divorce (Form CJD 202).

The six-month waiting period. Under Massachusetts law, a hearing on a 1B divorce cannot take place sooner than six months after the complaint was filed, unless the court grants a waiver. This waiting period runs from the filing date, not the service date, and it does not extend the separate 90-day service deadline.

If your spouse does not file an answer within 20 days, you can ask the court about default proceedings. The six-month hearing rule generally still applies in a default unless the court grants a waiver, and the court does not automatically grant every request in the complaint.

Common Problems in Suffolk County

Wrong address. If the sheriff cannot locate your spouse at the address you provided, you will need to update the address and try again, or begin the alternate service process. A further attempt may involve additional service costs.

Spouse avoids service. A spouse who knows divorce papers are coming may deliberately avoid the sheriff or refuse to answer the door. After documented failed attempts, you can ask the court for alternate service, but the court must authorize the method and the result is not automatic.

Service deadline. In most family-law cases, a summons and complaint must be served within 90 days after the complaint is filed. If service cannot be completed in that period, contact the court before the deadline about a possible extension or alternate instructions. Without good cause, the case may be dismissed without prejudice as to the unserved defendant.

Next Steps

The summons is part of the process that gives your spouse notice, but the filing, service, response, and hearing sequence that follows involves its own deadlines, documents, and procedural requirements that vary depending on whether your spouse responds or defaults.

The Massachusetts Divorce Filing Process Guide walks through the full contested and uncontested filing procedures — from complaint preparation through the Return of Service, the answer deadline, pretrial conferences, and the final hearing — with checklists for each stage.

For current official instructions, fees, and service requirements, check the Massachusetts Court System's 1B divorce guidance and service-of-process guidance. Court instructions control if they differ from a general explanation.

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