For a lot of people across the nation, divorce just means divorce. For them, it means one spouse separating from the other so that they can move on with their lives. But for states like Massachusetts, divorce cannot be defined this easily. That’s because our state has four different types of divorce, each of which comes with a different degree of difficulty.
This means that while one type of divorce may be easy on both spouses and resolved quite quickly, this may not be the case for the other types of divorce. In this week’s post, we’ll look at these different types of divorce and highlight which ones may require more legal help than others.
The first of the four types is uncontested fault. This means that there are legal grounds for divorce such as adultery, abandonment, or a criminal conviction just to name a few. It also means that the couple agrees on just about everything regarding their divorce filing. This type of divorce typically does not require the help of a lawyer though one can be obtained if a spouse wishes.
The second is uncontested no-fault. This is similar to uncontested fault in the sense that both spouses agree to the divorce filing except in a no-fault divorce, spouses are claiming irretrievable breakdown of the marriage instead of the listed legal grounds for divorce. Just like uncontested fault, a lawyer is not necessarily needed for this type of divorce.
Unlike the top two, the last two types of divorce more than likely will need a lawyer’s expertise and knowledge. That’s because the last two types of divorce are contested fault and contested no-fault divorce. Contested, as you may know, means that spouses do not agree on a majority of things they are filing for. This typically requires the help of the courts and a lawyer in order to come to the best resolution possible.
Although a lawyer may not be necessary for the first two types of divorce, as we said, you may want one at your side just in case. Not only can they help you determine what type of divorce to expect but they can help you through the process as well.
Source: The Massachusetts Court System, “Frequently Asked Questions about Divorce in Massachusetts,” Accessed Jan. 12, 2015