Legal Question in Family Law in Massachusetts
Co-petition, non-filing party absent
I am attempting to prepare a no-fault divorce. The guide I have has a sample Appearance, Consent and Waiver which the author states should allow only the filing party to appear for the hearing.
The other party will not be able to attend the hearing as they live in another state. The register for my county believed a Motion to Excuse the other party would be necessary, not the Appearance, Consent and Waiver.
Can you tell me which is correct?
1 Answer from Attorneys
Re: Co-petition, non-filing party absent
I have never heard of a consent and waiver. I have used a motion to excuse a party. However, you are not an attorney and can't prepare motions for your spouse and can't present a motion to excuse their appearance. Your spouse can do these things for themself but you can't. Your spouse may need to hire a lawyer.
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