Legal Question in Family Law in Massachusetts

Divorce - failure of one party to sign Separation Agreement

Person A (resides in MA) is divorcing Person B (resides in NY) and the first court date has been scheduled in MA. Person B has claimed that Person A owes them money. However, Person B does not have proof of transactions, receipts, etc. Person B is refusing to sign Separation Agreement. If Person B does not sign and does not appear at the court hearing, can a judge grant a divorce on the day of the scheduled hearing? If not, how many more hearings have to be scheduled for a divorce to be granted if Person B does not appear.

Thank you.


Asked on 4/03/07, 12:23 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Divorce - failure of one party to sign Separation Agreement

You have not said the purpose of the next hearing. My view depends on this.

If both parties are not present at the presentation of the separation agreement, and the agreement is not signed by one of them, there is a substantial likelihood that the court will deem the situation unresolved, again - depending on the nature of the hearing.

With more information, it would be easier to understand your question.

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Answered on 4/03/07, 1:49 pm
Jerome Aaron Law office of Jerome L. Aaron

Re: Divorce - failure of one party to sign Separation Agreement

If one party does not sign a separation agreement and the matter is scheduled for a 5-minute uncontested hearing, it is most often rescheduled when you come to court, because no one expected a trial.

If, however, a trial has been scheduled and you just thought you would have an agreement, but were incorrect, then be ready to testify on the day of trial. You will likely receive a divorce, but you must be able to articulate the grounds of divorce, the property division, etc.

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Answered on 4/03/07, 2:02 pm


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