CanI still get granted a divorce without the other party present?

I have been granted a hearing for my mutually uncontested divorce, however since filing our final separation agreement my husband has been incarcerated in another state and will be held until his sentencing. Will the judge still grant me my divorce? Is it possible for my final decree to be done faster than the usual wait period? I assume its 90 days. I don’t want to be saddled with mutual debt for longer than I have to. his creditors will start to come after me and i can’t afford anymore problems seeing as I will not be able to get my child support anymore.

Asked on August 1, 2010 under Family Law, Massachusetts


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

That's a tough one to answer.  I am assuming that you are doing this yourselves.  What I would do is to call the Court and speak with the Judge's law secretary and ask him or her what you should do.  Ask if your husband can execute an affidavit to be submitted consenting to the actual divorce.  But be aware that the Judge may not want to decide anything else except the dissolution of the marriage without having your husband present.  That means dividing assets or debt.  They tend to like to have both parties before them to decide those issues.  So you may not get what you really want in the end.  Good luck. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.