Legal Question in Family Law in Massachusetts
My husband of 6 years is moving out of state from Mass to Colorado and We have decided on getting an uncontested divorce but moving out on the 6th of May what can I do we have agreed in dividing our things up
3 Answers from Attorneys
My advice would be to meet with an attorney to draw up a separation agreement and file for an uncontested divorce on your behalf as soon as you are ready. Filing for divorce by May 6th may be difficult, but can probably be done if you get started right away. Hiring an attorney does not mean that you have to disagree, or that things will get more complicated than you wish them to be. Although your spouse is required to be at any eventual hearing, it may be possible to file a motion to have his appearance in court waived. Please feel free to give our office a call to get started right away.
Hello,
In order to file a petition for a 1A (uncontested divorce) you will need to submit the joint petition documents, a separation agreement along with a financial affidavit filled out by the both of you. Both of you will have to be present for the hearing. I would suggest you move forward immediately if your husband is moving on May 6. If you wait and your husband is out of state, he will either have to come back to Massachusetts for the hearing, hire an attorney to represent him on the day of your hearing, or you will have to file a complaint for divorce and have him served with a summons and wait for an additional six (6) months to get a hearing.
I suggest you retain an attorney so that you move through the process as quickly and efficiently as possible. If you are interested in a free consultation, please contact me to schedule a time convenient for you at 978-276-0777 or via email at [email protected].
Thank you,
If you're in a rush, which it seems you are, you should get an attorney. If only because an attorney will help you to file the paperwork quickly and efficiently. Some attorneys, including my office, offer a flat fee for this kind of service.