Partner
Spouses who are able to agree on the issues arising out of the end of their marriage may be able to obtain an uncontested divorce. The path from separating and announcing one’s intent to divorce, to actually obtaining the divorce itself, is fraught with potential legal hurdles. But there are steps that can be taken to not only obtain the uncontested divorce but to do so in a manner that saves you money and minimizes stress. If you would like to end your marriage on the most agreeable terms possible, it’s time to speak with the family law attorneys of LaFountain & Wollman P.C.
Do You Qualify For an Uncontested Divorce?
Before you can select this option for terminating your marriage, you should understand whether you and your spouse are eligible for it. In Massachusetts, an uncontested divorce is also known as a 1A divorce. Spouses should consider this option when their marriage has irretrievably broken down and they cannot be reconciled to each other. However, before filing, the spouses must have a written agreement that settles:
- Child support
- Parenting time
- Alimony
- Child custody
- Dividing shared property (marital assets)
A spouse can file for divorce provided one of the following is true:
- The spouse has lived in the state for at least one year
- The reason the marriage ended occurred in Massachusetts and the spouse has lived in the state as a couple
An attorney can review the facts of your case and help you pursue an uncontested divorce if that option is viable.
Keeping the Uncontested Divorce Stress-free and Cost-effective
Even if the spouses initially decide to pursue a 1A divorce, they will want to make sure to see the process through to the end. Our goal with uncontested divorce clients is to save them the money and hassle that plague many contested divorces. To that end, we take the following steps:
Conducting effective mediation
A spouse will sometimes come to the divorce lawyer having already settled all of the items mentioned above with the other spouse. Other times, there is settlement on some but not all issues, or broad agreement but with details to be worked out. In still other cases, the parties want to resolve the above matters but have not begun discussing them.
Regardless, we understand that most issues are resolved during mediation. This is an out-of-court process whereby the parties agree to negotiate and settle all outstanding issues of their marriage, paving the way to the uncontested divorce. We represent clients during mediation to advocate for their rights and help them understand the law.
Writing the separation agreement
Once all issues are settled, the spouses’ agreement must be reduced to writing. The separation agreement will act as an enforceable contract (and later, part of the divorce judgment) between the spouses. It will provide the necessary details to ensure that child custody, property division, and all other matters are handled efficiently between the soon-to-be ex-spouses.
We not only understand how to draft separation agreements, but in a way that minimizes or eliminates ambiguities and covers reasonably forecast situations that may arise between the spouses. When both spouses understand what the agreement means, it makes it far more likely they will abide by its terms. This minimizes the need for future litigation and, therefore, additional costs and stress.
Filing the paperwork and handling the hearing
Lastly, the appropriate paperwork will need to be filed with the court. There are several documents that must be included in the filing to ensure your uncontested divorce is obtained as quickly as possible. Among these are:
- A certified copy of your marriage certificate
- The signed separation agreement
- Joint Petition for Divorce, signed by both spouses or their lawyers
- Signed affidavit of irretrievable breakdown of the marriage
- Record of Absolute Divorce (a Vital Records form)
- Military Affidavit if either spouse is in the military
- A financial statement from each spouse
These and other items will be completed with the assistance of your lawyer, filed, and served. Later, the court will hold a hearing which both spouses must attend unless the court has accepted an attendance waiver for one spouse. The purpose of the hearing is to determine whether the parties meet the legal requirements for an uncontested divorce and to review the paperwork to determine whether it is complete and fair. If so, the judge will accept the separation agreement and enter the divorce judgment.
Seeking an Uncontested Divorce? Count On Us to Help
Do you have questions about an uncontested divorce in Massachusetts? Are you ready to get started with yours? Let LaFountain & Wollman P.C. work with you each step of the way. Call us today.