Do a husband and wife both have to be present to file a joint petition for an uncontested divorce in Massachusetts? Do we have to go together or can we go separately?
You ask if both of you need to be present to “file”, and I have two answers. First, either one of you or your counsel can file all necessary documents with the clerk’s office and obtain a hearing date. However, on that date, you both must appear before the Court, be sworn and answer questions about the statements you made establishing the breakdown of the marriage. The only exception to both parties appearing at the hearing occurs when one party lives out of state or is otherwise unavailable. The Court will accept an Affidavit of Informed Non-Appearance from the unavailable party. I have represented clients in divorce hearings where their spouses lived in England and China, among other places. All documents for the divorce must be properly executed and notarized, as may be, for the hearing to proceed successfully. Bring all contact information you have to your attorney if your spouse lives far away or is otherwise unavailable.
Massachusetts Divorce attorney Bruce Watson has established a reputation for obtaining favorable results for his clients. Serving the Boston South Shore region, Norfolk County, and Plymouth County including Braintree, Bridgewater, Brockton, Cohasset, Dedham, Duxbury, Hanover, Hingham, Marshfield, Milton, Needham, Norwell, Norwood, Pembroke, Scituate, Quincy, Wareham, Wenham, Weymouth.