Massachusetts motion to dismiss divorce
If nothing is received, either person can obtain the divorce decree from the Probate and Family Court Registrar office in the county where the divorce took place. Since a divorce is not final until the waiting period has lapsed, it is important to keep in mind a few legal effects.
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First and foremost, both spouses are still married during the waiting period, so none may remarry during that time. Secondly, tax returns must still be filed as either married filing jointly or married filing separately. A complete calendar year after the final divorce date must pass in order to file as single for that year. Finally, certain privileges, such as health insurance, may still be active during the waiting period. All other matters, such as the sale of real estate, are controlled by the divorce terms and may not always be impacted by the final divorce date.
For unusual situations related to divorces and the MA divorce waiting period, contact an experienced divorce attorney. A reply brief and opposition to the filing of the reply brief were exchanged, and the package was complete on or about March 8, On March 24, , David served a request for default pursuant to Mass. The entry of default was sent to David but not to the defendants. Lyllian and Garcia, unaware that the default had entered, but having been served with the rule 55 a request, filed their motion for a more definite statement omitting the contested reply brief , pursuant to Mass.
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This ruling, perhaps unintentionally, left unanswered how David was to make the required showing that the complained of conduct "did not fall under petitioning activity. The denial of the defendants' motion for a more definite statement likewise was not received by defendants' counsel. David then filed a motion for assessment of damages and a motion for default judgment on April 21, , which was served on defense counsel.
Notably, although the motion was served on the defendants, it did not contain a representation that default had entered. On November 25, , defense counsel called the clerk's office to inquire about the status of the motion for a more definite statement.
NEUWIRTH1 v. NEUWIRTH
The attorney learned that default had entered on March 26, that the defendants' motion for a more definite statement had been decided on April 3 and that notice of the orders had not been sent to counsel. Counsel was not correctly listed on the docket as counsel of record. The entry for counsel was adjusted. On December 9, , Lyllian and Garcia filed a motion to vacate the default, verifying the facts outlined above by affidavit.
The same motion judge denied the motion "based upon finding of no excusable neglect. A hearing on assessment of damages was held before the second judge. This appeal followed. Motion to vacate default. We review the denial of a motion for removal of default pursuant to rule 55 c , Mass. See Burger Chef Sys. Servfast of Brockton, Inc.
RDI Logistics, Inc. Here there was a significant error of law. The standard applicable to a rule 55 c motion to remove the entry of default is "good cause," not the "excusable neglect" standard applied here.
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The excusable neglect standard is applied after judgment has entered. The "good cause" standard is applicable when default, but not judgment, has entered. This is a less stringent standard than excusable neglect under Mass.
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See Broome v. Broome, 40 Mass. We look to the Federal counterpart to rule 55 a for guidance.
See Burger Chef, supra at n. The grounds for relief from default in Massachusetts are substantially similar to those recognized in the Federal system. An adequate. One Parcel of Real Property, F. Snow, F. Commercial Ins. See Fed. These policy considerations, we suggest, are at their zenith in the [r]ule 55 c milieu.
Early in the case, as when a default has been entered but no judgment proven, a liberal approach is least likely to cause unfair prejudice to the nonmovant or to discommode the court's calendar. Phillips [v. Weiner, F.
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Motion to Dismiss Motion to Dismiss Template A Motion to Dismiss may be filed by either party, the plaintiff or defendant, when the party feels as though a lawsuit is not warranted or appropriate given the situation. Lawsuit Forms. Answer a Lawsuit.
Motion to Dismiss
Motion to Compel. Entry of Default Judgment. Default Judgment.