What to do when someone is trying to serve youdivorce papers?

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What to do when someone is trying to serve youdivorce papers?

My husband is sending a constable to my house to serve me divorce papers. I am afraid to sign anything because I don’t know if she works in his behalf. Is she there to help him or me? I’m afraid to get tricked into anything because when it comes to paperwork and things like that I don’t understand what is the best thing for me to do.

Asked on October 12, 2010 under Family Law, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First of all, the constable is merely doing their job - service of process (here your divorce summons).  The constable does not represent anyone; that's not their job.  Additionally, the fact is that if you don't accept service your husband can still file for divorce.  What you need to do is to speak with a divorce attorney ASAP.  If money is an issue for you, see if you qualify for representation by Legal Aid.  Additionally, if there is a law school nearby t where you live see if they have a legal clinic; they typically handle these type cases.  Finally, you can contact your local county bar association and see if they have a list of attorneys that will handle your case "pro bono (for free) or at least take your case on a reduced fee basis considering your income and circumstances.


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