At LaFountain & Wollman, we regularly advise clients in Massachusetts about uncontested divorce. This is a quicker, less expensive, and more amicable way for couples to end a marriage. Despite common misconceptions that an attorney isn’t needed, having skilled legal representation is the best way to protect your rights and interests.
When you meet with us, you will work directly with an experienced divorce attorney who will guide you through all aspects of the process, from filing the legal paperwork to finalizing the divorce. Trust us to provide compassionate, efficient representation when you need it most. Contact us today to learn how we can help.
What You Need to Know About Uncontested Divorce in Massachusetts
In an uncontested divorce, the parties mutually agree on the key issues. The attorneys for both parties present their agreement to the court, and the court does not intervene in the process.
To file for an uncontested divorce in Massachusetts, you must meet the state’s one-year residency requirement and prepare a divorce settlement agreement.
To grant the divorce, the court must find grounds for dissolving the marriage. In an uncontested divorce, the grounds are simply that the marital relationship has irretrievably broken down and there is no chance of reconciliation. While the process seems straightforward, understanding the applicable laws and handling the court filings takes precision and care.
Let our experienced uncontested divorce attorney handle all the details and position you for a smooth transition.
The Benefits of Uncontested Divorce
An uncontested divorce offers several advantages over a litigated divorce. In short, the process is less confrontational, less time-consuming, and less costly. Litigation involves court appearances, filings, phone calls, correspondence, and the associated legal fees. In an uncontested divorce, the parties avoid the discovery process, thereby saving time and money. Importantly, uncontested divorce is ideally suited for couples with minor children, who may experience less emotional trauma when parents cooperate during and after the divorce.
Ultimately, an uncontested divorce allows both parties to move quickly and avoid any bitterness or resentment. However, the parties must be willing to cooperate and negotiate in good faith. If they cannot agree, the divorce becomes contested and litigation may be inevitable. You can depend on our uncontested divorce attorneys to help you achieve the best possible outcome.
How Long Does It Take to Get a Final Uncontested Divorce in Massachusetts?
Both parties must attend a court hearing to finalize an uncontested divorce. The judge will review the divorce agreement to ensure that it (1) includes the proper provisions and (2) serves your children’s best interests.
If everything is in order, the judge will approve your agreement within 30 days after the hearing.
Then, 30 days after approving your agreement, the judge will enter a “judgment of divorce nisi.” This means that there’s a 90-day waiting period before the divorce judgment is final,
In short, your uncontested divorce will be final 120 days from when the judge approves your agreement—plus any additional time it takes to schedule the court hearing. In any event, this is considerably less time than it typically takes to go through a contested divorce.
How Our Firm Can Help
As seasoned divorce attorneys, we work to help clients resolve the relevant issues, including:
- Division of property
- Spousal support
- Child custody
- Child support
Division of Property
Massachusetts is an equitable distribution state: all marital assets and debts must be divided fairly, but not necessarily equally. Our uncontested divorce attorney will work closely with you to find real-world solutions and protect your property rights.
Spousal support is no longer guaranteed, given that both parties likely work outside the home. Depending on the circumstances, the court may award temporary and post-divorce support to the lower-earning spouse. Trust our team to explore all your options and help you secure your financial future.
The parties must reach an agreement on child custody and create a parenting plan for the court to grant an uncontested divorce. Our attorneys will facilitate the negotiation process and help you reach a custody agreement that is in your children’s best interests.
We have comprehensive knowledge of the Massachusetts child support guidelines and will work with you to ensure that your children’s financial needs are met.
Talk To An Experienced Uncontested Divorce Attorney Today!
Ending a marriage is never easy, but an uncontested divorce is an amicable way to move on to the next chapter in your life. At LaFountain & Wollman, we are not only capable attorneys but compassionate people who will work to take the stress out of the process and arm you with the knowledge and resources to safeguard your rights and future. The sooner you contact us, the sooner we can start working on your uncontested divorce.