Legal Question in Family Law in Massachusetts

Modification dissmissal Massachusetts

I have a pre trial for modification in 32 days. my ex has a counter claim as well. we both agreed to drop our claims. she lives in state I live out of the country. I'm being told that if it's under 30 days I have to show up in person to drop the case. Where if it were before the 30 days I could simply mail in the paper work. Do I actually have to show up there to file the dismissal?

also could I fax copies to her lawyer to have signed? or do I need original signature?


Asked on 5/09/09, 9:57 pm

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

Re: Modification dissmissal Massachusetts

It depends on the Court. If there is an agreement then it needs to be filed with an original signature, and seek to waive the appearance, and contact the clerk.

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Answered on 5/10/09, 8:09 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Modification dissmissal Massachusetts

Who the heck is telling you this? The Court LOVES a mutual dismissal. Either there is something you're not explaining (e.g DOR or DCF involvement in the issues) or someone is speaking out of the wrong orifice.

If you each stipulate to dismissal, the signed paperwork covers it. Express-mail the original papers back to her lawyer so long as BOTH cases are dismissed. If he's already signed for his client, send copies direct to the court. Whatever you do, KEEP COPIES OF EVERYTHING in case anything untoward occurs.

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Answered on 5/10/09, 8:10 am


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