How to Respond to Divorce Papers in Massachusetts

You've been served. A sheriff or constable handed you a Complaint for Divorce, and now you have exactly 20 days to respond — not 30, not "whenever you get around to it." Missing this deadline doesn't make the divorce go away. It makes things worse.

Here's what to file, when to file it, and what happens if you don't.

The 20-Day Deadline

Once you are formally served with a Complaint for Divorce (Section 1B or fault-based), Massachusetts law gives you 20 calendar days to file your response with the Probate and Family Court. This clock starts on the date of service — the date the papers were placed in your hand — not the date you read them or consulted a lawyer.

Weekends and holidays count toward the 20 days. If day 20 falls on a weekend or court holiday, your deadline extends to the next business day.

Filing Your Answer (Form CJD 201)

Your formal response is the Answer to Complaint for Divorce (Form CJD 201). This document responds to each numbered allegation in the Complaint — you admit, deny, or state that you lack sufficient knowledge to respond to each paragraph.

Key requirements:

• File with the court in the same county where the Complaint was filed
• Serve a copy on the plaintiff (or their attorney) on the same day you file
• Include a Certificate of Service at the end of your Answer, stating how and when you delivered the copy to the other party
• Attach your Rule 401 Financial Statement — the Short Form (income under $75,000) or Long Form (income $75,000+)

When to File a Counterclaim (Form CJD 202)

If you want relief beyond simply responding — different custody terms, a different property split, alimony, or your own grounds for divorce — you file a Counterclaim for Divorce (Form CJD 202) alongside your Answer.

A Counterclaim is your own divorce action filed within the same case. It ensures that if the plaintiff later tries to withdraw their complaint, your case still moves forward. It also lets the court hear your requests on equal footing.

You don't need a Counterclaim if you simply want the divorce to proceed but disagree with specific terms. The Answer alone preserves your right to negotiate and contest at hearing. But if you want the court to grant specific relief in your favor, the Counterclaim puts it formally on the record.

What Happens If You Don't Respond

If you fail to file within 20 days, the plaintiff can request a default. A default means:

• The court treats the Complaint's allegations as admitted
• You lose your right to contest the terms at a hearing
• The judge can approve the plaintiff's proposed terms without your input
• A Judgment of Divorce Nisi can enter based solely on the plaintiff's filings

You can file a Motion to Remove Default if you missed the deadline, but you'll need to show good cause — a legitimate reason why you failed to respond (hospitalization, never actually receiving the papers, military deployment). "I didn't think it was important" won't work.

Practical Steps After Filing Your Answer

Once your Answer is filed:

1. Register for parent education if you have minor children — Standing Order 3-23 requires you to register for the "Two Families Now" course within 30 days of being served ($49 per parent)
2. Prepare your financial disclosure — complete and exchange your Rule 401 financial statement within 45 days
3. Consider temporary orders — if you need immediate child support, custody arrangements, or access to joint funds, file a Motion for Temporary Orders
4. Calendar your next deadlines — pre-trial conference dates, discovery deadlines, and the mandatory six-month wait before a contested hearing can be scheduled

Getting Organized for What Comes Next

Being served feels overwhelming, but the 20-day window is manageable when you know exactly what to file and in what order. The Massachusetts Divorce Filing Process Guide walks you through the complete response timeline — from filing your Answer through financial disclosure and hearing preparation — with deadline trackers that keep you ahead of the court calendar.

See more Massachusetts guides →