Legal Question in Family Law in Massachusetts
My wife and I jointly filed an uncontested divorce in MA. Two weeks afterwards my job required that I relocate to Arizona. What is the best course of action given that it will be time consuming and expensive to fly back for a short court hearing given that it is an uncontested divorce, and both separation agreements were signed, notarized and submitted as part of the filings
4 Answers from Attorneys
Assuming there are not any issues, you will not necessarily be required to fly back to appear in court when there is a hearing. You can stipulate to the granting of the divorce and the terms of the Separation Agreement. As long as one of you attend it should be OK.
Hopefully you or your ex has an attorney and he can arrange the documentation for you.
Good Luck
I agree with Attorney Roth that an attorney should be able to arrange for the proper motions, affidavits, and coordinate the necessary paperwork such that one party's appearance can be waived. I find it is better if the party who will not be in appearance is the one who has the attorney present to speak for him or her.
To add just one more level to Attorneys Roth and Vaughn-Martel, it is likely that you will HAVE to have an attorney present on your behalf. Many judges require that someone with the ability to speak for the absentee petitioner be present. Finding an attorney to make an appearance (and ensure the proper motions, affidavits, and other paperwork is filed) in an uncontested divorce will be relatively cheap.
I would ask the clerk's office if you can file an assented-to motion to waive your appearance (with yours and your wife's signatures), and whether the judge would require either you or an attorney to be present.