My experience in the Salem Probate Court has been that if this action started as, or has been converted to, a MGL 208 § 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 attorney for further information.
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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
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 on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.
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