Even though it's only an uncontested divorce, can someone represent you at the hearing in the event you don't want to go????

Asked over 2 years ago - Salem, MA

not necessary!!!

Attorney answers (3)

  1. Howard M Lewis

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    Answered . In some cases, an attorney can file a motion to waive your appearance at the hearing if all the documents are signed. There have even been some cases when there are no assets of the parties and only one of the spouses appears that if it is represented the other side is aware and either refuses to appear or is unable to due illness or travel, the court may enter a judgement of divorce if the court/judge is satisifed that it is fair and the representations made in court are true. If you do not want to appear you can increase your odd's of having it go smoothly by presenting a signed agreeemnt or a joint petition along and/or a proposed judgement. Good luck and take good care. So the bottom line is yes- in some cases.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Philip W. Mason

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    Answered . My experience in the Salem Probate Court has been that if this action started as, or has been converted to, a MGL 208 ยง 1A (uncontested) divorce and, 1) all of the appropriate fillings are in order, 2) a fair and equitable settlement agreement has been signed by both parties which addresses the major issues of the dissolution (division of marital assets, custody, support), and you submit a motion for waiver of appearance that offers a reasonable explanation for your inability to appear before the court --- you should have no problem. But, one of the parties must be there!!

    This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an... more
  3. Erik Hammarlund

    Contributor Level 18

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    Answered . Generally no.
    You are supposed to attend. You only need to do it once.

    A judge may allow someone to represent you if you are UNABLE to attend. But most judges will compel you to show up at the hearing, if you merely don't WANT to attend.

    Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask... more

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