SPARC Forums

My Ex filed for Contested Divorce in Cambridge, MA. I was served but my ex never filed a return of service with the court. The case was issued to a 14 month track assignment on 9/29/05.

The track assignment reads: It is the responsibility of the person who files the case, to serve the enclosed summons upon the defendant. Once the service is complete it is the respobsibility of the plaintiff to file the return of service with the court.

Assignment to a track indicates the maximum amount of time from when the case is filed to the date when the case should be tried, settled or dismissed.

I reside in NH, my ex resides in MA. We last lived together in NH.

1) I want to file in NH. Does this track assignment mean after 14 months, I can file elsewhere?

2) If I file in NH, and my ex says it was already filed in MA, will NH throw it out?

         Thanks in advance!

>1) I want to file in NH. Does this track assignment mean after
>14 months, I can file elsewhere?

Most jurisdictions have a rule that will automatically dismiss a case that is not acted upon in a certain amount of time. This 14 month track assignment, may or may not fall within the State's statutory limitations for a dismissal.

If you want to deal with the problem and you don't see the other party completing the litigation, you can file a motion to dismiss for lack of prosecution or defective service of summons, and the court will rule on your motion.

>2) If I file in NH, and my ex says it was already filed in MA,
>will NH throw it out?

Yep.

Thank You...

So if the MA court rules in my favor and dismisses the case, can I then file in NH?

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