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In Mass, do I have to testify in my divorce case? I am pro se...

Boston, MA |

His lawyer said we both HAVE to testify in trial court for divorce... Is this true?

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Attorney answers 3


Your question does not indicate whether this is a contested or uncontested matter. If it is uncontested, and you are appearing to present the agreement for Court approval, you will both need to answer a series of questions indicating you both have read the agreement, understand it, agree to it, have completed accurate financial statements and believe the agreement is fair and reasonable. You will also confirm the facts of your marriage and that the marriage is irretrievably broken. Sometimes the Court will allow one party to submit an affidavit in lieu of live testimony for good cause: i.e. they live out of state, have a medical issue etc. A party cannot simply choose not to appear. If this is a contested matter, both parties can be called to testify at the trial. If you are not represented, you should engage an attorney to review the agreement and financial statements with you to ensure things are properly addressed and any questions/issues you may have are answered. If you are completely satisfied with the agreement, that attorney is not required to appear in Court. Best of luck.

This answer is intended for general informational purposes, and does not create an attorney-client relationship.


If this is a contested matter then either party may call the other spouse to testify as a witness.
I wish to all the best.

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Asked and answered.

ONE inquiry is sufficient.

The foregoing is for general information purposes and does not establish an attorney-client relationship.