Salem, NH asked in Divorce for Massachusetts

Q: Do I need my ex to sign the divorce papers?

I live in mass. I have believed I was divorced from my ex for 10 years. Papers were filled out and apparently we missed the final hearing or it went to her and she neglected to tell me.. Well now I want it done and she won’t sign papers again.. Can I just go in front of judge and explain this?

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2 Lawyer Answers
Randy Bryan Ligh
Randy Bryan Ligh
Answered

A: Look, it sounds like that the first time y'all (or she) attempted to do this you had no lawyers involved and now you might be attempting this without lawyers a 2nd time. Go hire a lawyer so you can make sure this is done correctly. it is well worth the small sum of money you have to pay in attorney's fees to have peace of mind.

Lillian J. LaRosa
Lillian J. LaRosa
Answered
  • Woburn, MA
  • Licensed in Massachusetts

A: Your recourse is to have a divorce complaint filed in the appropriate jurisdiction and venue and the process of divorce commenced. If the other party does not agree to a proposed separation agreement you do not have an uncontested Massachusetts 1A Joint Petition. You should have counsel as you are unaware of the complexities of the process and the longer you wait the greater the likelihood of more complexity of your facts to present to the Court for the relief you are seeking . Property division and alimony and medical insurance and possibly child support and custody and visitation are all dealt with in the divorce proceeding, not just ending the marital relationship.

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