Legal Question in Family Law in Massachusetts

Civil Procedure

My husband has scheduled a court date for a modification of Divorce/Support. His oldest is not attending college and has a ged. His ex-wife has stated that this date is not convenient for her, as she will be on vacation. We just got a phone call from his oldest daughter indicating that the date has been rescheduled to a day almost 2 weeks later that this one. Can she go to the court and have this date changed without his being notified first? As he understand this, only he can notify the court to change the date, unless she is medically unable to make it? How does this work?


Asked on 8/09/02, 8:51 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Civil Procedure

If I understand your question:

To change a date, some person, usually a party or their representative must file a motion to continue and present it to the court for action, with notice to any other party. In a divorce, you have the husband, wife, and maybe a GAL. No other person is considered a party. The others you mention may be witnesses or observers. They would not have standing to change a date. If you require them to be a witness, they can be summonsed to court.

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Answered on 8/10/02, 7:12 pm
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Civil Procedure

The rules do require notice, but in Mass. divorce courts, anything goes!

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Answered on 8/09/02, 9:34 pm


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