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?
Generally, both parties to a divorce (even an uncontested matter) have to appear at Court to present the separation agreement for approval. This is so that both parties state on the record that they voluntarily entered into the agreement and agree that it is fair and reasonable under the circumstances. A Motion to Waive Appearance of one Party is sometime allowed for good cause (such as it would be an economic hardship for a party to travel from out of state for the hearing) so long as accompanied by an Affidavit setting forth the reasons to waive the appearance of that party.
The Lowell divorce lawyers at Berid & Schutzbank serve all of Middlesex County, Essex County, Worcester County, and the Merrimack Valley region including Andover, Billerica, Burlington, Carlisle, Chelmsford, Dracut, Dunstable, Groton, Lawrence, Lowell, Methuen, North Andover, Pepperell, Tewksbury, Westford, and Wilmington Massachusetts.