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

Answers:

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. 


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