Uncontested Divorce

Uncontesed Divorce Lawyer

Spouses who are able to agree on every issue concerning the dissolution of their marriage proceed with filing an uncontested divorce under MGL 208 sec 1A. The advantages to filing on uncontested grounds are simplicity and time efficiency. If you and your spouse have agreed on all of the important issues encompassing the termination of your marriage then you are ready to begin the uncontested divorce process.

Process for Uncontested Divorce in Massachusetts

Although the process of filing on uncontested grounds may seem straightforward, it is vital to remember that the result of such will bind you in law once your marriage has officially ended. Therefore have an experienced attorney guide you as you venture through such an important time in your life. We know the law, and can advice you on each area from start to finish.

Uncontested vs Contested Divorce

The question of whether a divorce is uncontested or not comes down to whether spouses have been able to come to an agreement on the terms of their separation before filing for divorce.

In an uncontested divorce, both parties have agreed ahead of filing divorce on the division of property, alimony, child support, and child custody. They may have worked this out individually, through their attorneys, or in professional mediation. The couple can then jointly file for the dissolution of their legal union. If all necessary documentation is filed then, their divorce is a Section 1A divorce, named for a provision of Chapter 208 in the General Laws. If six months pass without the filing of all paperwork, their divorce is governed under Section 1B of the same chapter. For uncontested divorces, this difference in sections is largely technical.

An uncontested divorce is automatically considered no-fault.

A contested divorce, however, is one in which there is no full agreement on divorce terms before the petition is filed. Almost all contested divorce cases are filed under Section 1B. Contested divorces may be filed as no-fault, but only contested divorces can be filed on the grounds of fault.

Get A Case Evaluation

Attorney Cote offers a free case evaluation to better understand and review your uncontested divorce case. Get answers to your questions and address some of your initial concerns by speaking with us speak us to learn your options and protect your rights.

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