When is uncontested divorce an option?

| Dec 31, 2020 | Divorce

Divorce can be a stressful and expensive situation. While you and your spouse may have agreed to part ways, there might be little else you agree on.

Contested divorces where spouses argue over who keeps the home and the housewares may be what you see in the media. Still, it is not always the best option. For some divorcing couples, an uncontested divorce can make splitting up simpler and less expensive.

Here’s what you should know about uncontested divorce and whether it might be an option for you.

What is an uncontested divorce?

When a divorcing couple can agree to a divorce agreement’s main topics, pursuing an uncontested divorce could be an option. You and your spouse should be prepared to agree on matters such as:

  • Alimony
  • Child support and custody
  • Property division

During a contested divorce, there are often times when the couple, their attorneys and the judge all need to provide input on approaching these substantial issues. When couples already agree, there is a streamlined process for proceeding with the divorce.

How does it work?

Massachusetts has specific rules about who can get divorced in the state. If you have lived in Massachusetts for at least one year or the reason for divorce happened in Massachusetts and you lived there as a couple, you are likely eligible for a Massachusetts divorce.

An uncontested divorce is called a no-fault 1A divorce. Once you agree on the divorce and the other main issues, you can proceed with a separation agreement and filing your other paperwork, including:

  • Joint petition for divorce
  • Affidavit of irretrievable breakdown
  • Financial statements
  • Child support worksheet

Even though you and your spouse agree on the divorce terms, you will still need to attend a hearing. As you go through this process, it is crucial to understand the agreements’ long-term impact, so you should consult with a knowledgeable attorney who can help you reach a fair deal.