Legal Question in Family Law in Massachusetts
Divorce process
My soon to be ex and I got married april 06. We never lived together nor seen each other since then and have been trying to get a finalized divorce for over a year. We are both dating other people and I am now pregnant and he is deployed in iraq. His lawyer in MA said the court won't accept a joint petition and i was sent summons in june which he said was filed in june as well. He once said that there would be a 60 day waiting period which is now 6 months if no one appears to the judge (JAN) , but he also says that if someone appeared the period would then be 90 days. Can you tell me if I were to go to MA sometime in sept. after my child is born and see the judge would it speed up the process and finalize the divorce before jan. and if any of the waiting periods we have already waited can be used or is it 90 days from the day I see the judge will it be final. It is an uncontested divorce so I don't fully understand why it is taking over a year to finalize when we both acknowledge that we have no property, children together, or any other finances.
2 Answers from Attorneys
Re: Divorce process
I see no reason why the court would not accept a joint petition. Regardless that would not shorten the waiting time for the divorce.
If the child is your ex-husband's then waiting time will be longer. If the child is not his and you and your ex-husband will agree on that, then you will not have to wait longer.
If your husband is in Iraq, that complicates matters more. However, the court with your husband's consent might entertain a motion to shorten the waiting period for a compelling reason.
If you have more questions you can contact me without obligation by telephoning me.
Re: Divorce process
I cannot tell from your question whether the dissolution is in MA or WA.
If it is in MA, call the Bar Association in the county where it is filed and get a referral to an attorney who practices family law.
It makes no sense to me that a joint petition would not be "accepted". But I don't have a MA license.
The problem is that your soon to be ex is presumed to be the father of your child (and owe a duty of care to that child) unless or until parentage is disestablished.
You have a mess on your hands. You are not going to solve it with an internet query, sorry.
Elizabeth Powell
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