Do both parties need to appear in a contested divorce with children when one is out of state in lee county Florida

It's up to the court to determine whether the attendance of both parties is required. Generally, a "Waiver of Appearance" filed by one party can inform the court that the party does not wish to attend and the wants the hearing to proceed without them according to the terms of an agreement. Another option is to have the MA resident appear by phone.

If the divorce is contested, the out of state party will likely have to appear at some point for a pre-trial or final hearing. They can ask the court for permission to appear by phone at most hearings, but most judges require personal appearances at a contested final hearing. Please let us know if these answers are helpful by hitting the helpful button. Good luck.

My colleagues are correct. Phone appearance in contested cases is possible depending on the judge and issues. Lee County judges are very good. Do yourself a favor and call a lawyer. As a Florida and Mass. lawyer, I can tell you that there would be almost no chance of appearing by phone in Mass.

If the case is contested, the final hearing would be an evidentiary hearing, meaning the parties would testify. Most judges in Lee County require both parties to attend the trial. You can request by motion to appear by telephone, but it is doubtful that it would be granted. Unless you are able to settle your case, you should plan to attend the trial.