Uncontested Divorce

Massachusetts Uncontested Divorce

Uncontested Divorce in Massachusetts: What to Expect

An uncontested divorce is a type of divorce in which both spouses reach an agreement on all terms before filing with the court. This includes decisions about property division, finances, and, when applicable, parenting arrangements.

In Massachusetts, couples file an uncontested divorce using a 1A Joint Petition. This option allows spouses who agree on all terms to move through the legal process more quickly and with lower costs than a contested divorce case.

Even when both parties agree, Massachusetts courts require complete and accurate paperwork. Errors in financial statements or separation agreements can delay approval of the divorce.

Wright Family Law Group helps couples prepare court forms, separation agreements, and financial disclosures for uncontested divorces. Errors or missing information can delay approval, so careful preparation is essential.

What Is an Uncontested Divorce in Massachusetts?

An uncontested divorce is a no-fault divorce where both spouses agree the marriage has ended. Rather than resolving disputes in court, the spouses agree on all terms and submit their agreement to a judge for approval.

Unlike a contested divorce, an uncontested divorce does not involve formal discovery, motions, or trial preparation. The court reviews the paperwork to confirm that the separation agreement is fair and reasonable.

The court reviews parenting arrangements for cases involving children. Many couples choose this approach because it encourages cooperation and helps reduce time and costs.

Massachusetts 1A Joint Petition Explained

Massachusetts law allows uncontested divorces to be filed under Chapter 208, Section 1A. These cases are often called 1A divorces. Rather than one spouse filing against the other, both spouses file together as joint petitioners.

Because the petition is filed jointly, both parties must:

• Agree on all terms of the divorce
• Sign all required documents
• Attend the divorce hearing, unless excused by the court

When cooperation is possible, the 1A joint petition process is typically faster and more straightforward than other divorce options.

How a 1A Joint Petition Works

The spouses file the uncontested divorce paperwork with the Probate and Family Court after signing the required documents. In some courts, couples may request a hearing date at the time of filing.

At the hearing, a judge will review the paperwork, ask limited questions, and determine whether:

• The marriage has broken down beyond repair
• The separation agreement is fair and reasonable
• Child-related provisions comply with Massachusetts law

If approved, the court enters a Judgment of Divorce Nisi. After the 90-day nisi period, the court enters a final divorce judgment that legally ends the marriage.

Documents Required for an Uncontested Divorce

A Massachusetts uncontested divorce requires careful preparation of multiple court documents, including:

• Certified marriage certificate
• Joint Petition for Divorce, identifying the spouses, children (if any), and requested relief
• Joint Affidavit, stating that the marriage has broken down permanently
• Financial Statement for each spouse (short form for income less than $75,000, long form for income over $75,000)
• Affidavit Disclosing Care or Custody Proceedings, if there are children under 18
• Parenting education attendance certificate, if required
• Child Support Guidelines Worksheet, when applicable
• Separation Agreement, signed by both spouses and detailing all divorce terms
• Income Assignment Worksheet, if support payments are ordered
• Request for Uncontested Trial, used to schedule the hearing
• Certificate of Absolute Divorce or Annulment, for court records

Errors or missing information can lead to court rejection and delay the divorce.

Uncontested Divorce With Children in Massachusetts

When an uncontested divorce involves children, additional requirements apply. Parents must agree on legal custody, physical custody, parenting time, and child support before filing a 1A joint petition. Massachusetts courts require that parenting arrangements serve the child’s best interests, even when both parents are in agreement.

In most cases, parents must complete a court-approved parenting education program and submit a certificate of attendance, but in an uncontested divorce situation this requirement is waived. All filings involving children must include a Child Support Guidelines Worksheet. The judge may ask questions at the hearing to confirm the child support arrangements are appropriate.

Requirements for Filing an Uncontested Divorce

To qualify for an uncontested divorce in Massachusetts, spouses must meet several requirements:

• Either spouse must satisfy Massachusetts residency rules
• Both spouses must agree on all divorce terms
• A complete and enforceable separation agreement must be submitted
• Full financial disclosure is required
• Parenting education classes must be completed when minor children are involved

If these requirements are not met, the court may require the case to proceed as a contested divorce instead.

How Long Does an Uncontested Divorce Take in Massachusetts?

The timeline for an uncontested divorce depends on court scheduling and the completeness of the filing. In many cases, the hearing occurs within a few weeks to a few months after filing.

Once the judge approves the divorce, Massachusetts law imposes a 90-day waiting period before the divorce becomes final. This is also called the “Nisi” period and cannot be waived. Paperwork errors or missing information often cause delays.

Common Mistakes That Delay Uncontested Divorces

Even when spouses agree on all terms, filing errors often delay uncontested divorces. Common issues include incomplete financial statements, differences between the separation agreement and court forms, and missing certificates or affidavits.

Courts may reject filings that contain errors or require amendments before approving the divorce. These delays can extend the process and create additional stress. Careful document review before filing can help avoid delays.

Do You Need a Lawyer for an Uncontested Divorce?

Massachusetts allows spouses to file an uncontested divorce without attorneys. However, many couples choose legal help to avoid mistakes. Separation agreements must be clear and enforceable and must address finances, property division, and parenting issues.

Even in cooperative cases, small oversights can cause problems later. A family law attorney can help ensure the uncontested divorce process runs smoothly and reflects your agreement.

How Wright Family Law Group Can Help

Wright Family Law Group provides practical, straightforward guidance for uncontested divorces in Massachusetts. We assist with document preparation, separation agreements, financial disclosures, and court filings to help ensure your divorce proceeds efficiently.

Firms often handle uncontested divorces on a flat-fee basis. Consultations are available by appointment to discuss whether a 1A joint petition is the right option for your situation.

Start with a free 15 – minute discovery call to see whether an uncontested divorce is right for you, then schedule a consultation at a time that works for your schedule.

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