Uncontested Divorce: Massachusetts 1A Joint Petition
If you and your spouse communicate well and are in agreement upon what the terms of your divorce are going to be, you will likely be good candidates for an uncontested, no-fault divorce. The spouses in an uncontested, no-fault action may ask for a hearing at the time they file if they come to court early in the morning. At Wright Family Law Group, we can help you fill out the proper forms, draft the separation agreement and assist with financial statements in order to make sure the uncontested divorce package that is submitted to the Court is correct and complete. If there are mistakes contained in the filing, the Court will not accept them.
This form of Massachusetts simplified divorce is often called a “1A Joint Petition” (so named for the section of the law). When both spouses can cooperate, a couple files a joint petition.
This is an uncontested, no-fault divorce. In this type of divorce, the spouses submit the following documents:
- A certified copy of the marriage certificate.
- A Joint Petition, which identifies the parties, their children (if any), requests restoration of wife’s former name (if desired) and asks the court to incorporate a separation agreement.
- A Joint Affidavit, which states that the couple “…no longer [derive] satisfaction from … married life and now believe there is no chance of reconciliation.
- A Financial Statement for each spouse, which is on pink paper if the spouse makes less than $75,000 per year and on purple paper if he or she makes more than $75,000 per year.
- An Affidavit Disclosing Care or Custody Proceedings, if there are children under 18, which describes the terms and conditions of custody and visitation.
- Attendance Certificate, which certifies that the parents attended parenting classes, if there are minor children.
- Child Support Guidelines Worksheet, which is used when there are un-emancipated children under 23.
- A Settlement Agreement, which is signed by both spouses and details the terms and conditions of the property settlement.
- An Income Assignment Worksheet, which is used to assign incomes, if required.
- Request for Trial–Pre-Trial Assignment, which is used to schedule a divorce hearing.
- Certificate of Absolute Divorce or Annulment, which records the action for the commonwealth
The uncontested divorce is the most cost-effective and efficient way to get divorced. In many cases, we are able to perform these divorces for a flat fee. Call us today toll free at 978-851-2291, or contact us online.
For your convenience, appointments may be scheduled during flexible hours. Our office is centrally located in Tewksbury near Route 93 and Route 495. We serve clients in Middlesex and Essex County.