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Can I file for summary judgment for Annulment when the defendant does not respond after serving the papers?

Andover, MA |

If my wife does not respond to the papers that I would served, would I be able to file for summary judgment? I understand that under MA domestic relations procedure rule 56(a)
summary judgment is not available for divorce - But would it be available for Annulment?

Attorney Answers 3


  1. Good question. I believe you can however I have never tried this or seen it. I hope one of my colleagues will offer some insight.

    I wish you all the best.


  2. Yes – summary judgment is available in an annulment action.

    This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.


  3. You could but I would suggest you will schedule it for status conference or pretrial and prepare the proposed judgment. It is very rare in domestic case for the defendant to file an answer or answer and counterclaim but it's becoming more common.


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