Legal Question in Family Law in Massachusetts

Divorce and restraining order

My wife has taken a restraining order against me. I want to file for divorce and she would also like to be divorced as well. We have no children or property, I just want to get it over with. My question is: how is having a Restraining order against me going to affect the filing of a divorce? Could we still do a joint petition? How do I contact my wife without it being a violation of the restraining order? Through a lawyer? How about when we go to court or try to sign an agreement? Would that be a violation? Thank you.


Asked on 3/04/08, 1:01 pm

3 Answers from Attorneys
David Summer Law Office of David B. Summer

Re: Divorce and restraining order

You can file a contested case and have it served by a process server. Thereafter, that case can be converted into an uncontested matter. It would be impossible to proceed with an uncontested case without violating the restraining order if your wife does not have a lawyer representing her.

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Answered on 3/04/08, 1:11 pm

Re: Divorce and restraining order

You should file a contested divorce and serve the complaint on her. I would recommend you get an attorney to insulate you from any potential further claims.

If she wants a divorce, she can convert it to an uncontested divorce.

Please feel free to contact me if you have more questions.

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Answered on 3/04/08, 1:15 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Divorce and restraining order

As there is a restraining order, you cannot file a joint petition unless it is negotiated between attorneys. You can always file for a contested "no fault" divorce, though there may be a counterclaim for cruel and abusive treatment.

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Answered on 3/04/08, 2:12 pm


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