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Uncontested Divorce Massachusetts


How to Get an Uncontested Divorce Massachusetts

Step 1: Deciding if an Uncontested Divorce Massachusetts is Appropriate

An uncontested divorce massachusetts can be defined as one in which both spouses agree to get divorced and how to live after getting divorced, as in how to split property and debt and how children will be treated if children were or will be a result of the marriage. Disagree on one of these subjects and your divorce is not an uncontested divorce Massachusetts and will eventually end up being resolved in trial, with great lawyer fees incurred as a result.

Additionally, there are residency requirements for all types of Massachusetts divorce, not just uncontested divorce Massachusetts. If grounds for divorce occurred in Massachusetts, one spouse must simply by a Massachusetts resident. If the grounds occurred outside the state, then residency of one year by one spouse must be established.

Step 2: Filing for Uncontested Divorce Massachusetts

Many forms are necessary at the outset if you wish to file for uncontested divorce massachusetts. Those forms may include:

• A Joint Petition for Divorce

• A R-408 Form

• An Affidavit concerning your marriage’s irretrievable breakdown, signed independently by each party

• A Separation Agreement, again signed by each party, concerning the distribution of property and all other post-marital issues

• A Trial Request Form

• Financial Statements, completed separately

• Worksheet for Child Support Guidelines

• Affidavit Disclosing Child Custody

• Application to the Child Support Enforcement Services (called DOR)

The final three forms, you will notice, are only applicable for those couples with children. If that is not you, then they are not required. Couples with children are also required to the PACT Program, which stands for Parents and Children in Transition. A certificate of completion must be presented for it by the time of the divorce hearing.

Step 3: Presenting Your Uncontested Divorce Massachusetts

If one of the main benefits of an uncontested divorce Massachusetts is that you don’t have to stand trial, that doesn’t mean that you don’t have to appear in front of the court. In fact, for the divorce to become final, a hearing will have to be held in which a judge will look over the facts of your case and your plans for the future and approve it if it sounds satisfactory. 

You will need to print several new forms about your uncontested divorce Massachusetts to the hearing. They include the completed and signed Financial Statements from both spouses and your written Separation Agreement. If you have children, you will also need to bring completed a Child Support Guidelines Worksheet, a wage assignment, and a Department of Revenue Application.

After the judge asks you a few questions attempting to decipher whether the uncontested divorce Massachusetts is fair to both parties, your agreement should be approved. If you filed a 1A Joint Petition for Divorce you’ll receive a form called Findings and Order, and only after about a month will you receive the Judgment of Divorce Nisi making your separation final and irrevocable. If instead you filed a 1B Complaint for Divorce, you will receive the Judgment much sooner, about a week after the trial.

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