A Divorce in Massachusetts is granted pursuant to Massachusetts General Laws 208. https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208
Massachusetts has two types of no-fault divorces under the statute. They are often referred to as 1A (uncontested) or 1B (contested). When marriages breakdown, some couples are able to work together amicably and cooperatively to end their marriage in a non-litigious manner. This can be accomplished as a 1A Uncontested Divorce.
Uncontested does not mean the parties agree on everything right away. What they agree to is a goal of ultimately entering into a full agreement on their divorce which often includes the give and take of negotiation.
Parties may hire a mediator or retain attorneys to help them negotiate. Hiring attorneys is helpful to navigate the Agreement. Some people think that involving attorneys automatically makes a case litigation or contentious, but it doesn’t have to. Most family law attorneys understand that in many cases negotiating non-litigious agreements is in the best interests of the client.
While some parties choose to draft their own agreement, this may have some pitfalls and unintended consequences. Once they have reached an agreement, a document referred to as a Separation Agreement or Divorce Agreement is written and includes all terms of their divorce.
The parties or their attorney submit the required forms which are reviewed by a person at the court. If the court finds everything to be in order, an Uncontested Divorce hearing is scheduled, so the parties and counsel (if retained) will appear and have a hearing on their divorce.
At the Uncontested Hearing, the parties will be sworn in, and the Judge will review the documents to determine if the Agreement was entered into voluntarily. The court must find the Agreement to be “fair and reasonable.”
If approved, the Judgment will enter within 30 days and the Nisi period begins. The Nisi period is the time after the hearing, in which the parties may decide to reconcile. If not, within 120 days after the hearing, if no objections have been filed by a party, the divorce will automatically become final.
Not everyone facing a divorce is able to reach an agreement under 1A. A party may need to file a Complaint for Divorce with the Probate and Family Court and proceed pursuant to a 1B. This is also referred to as litigation and is more complex than the Uncontested Divorce.
Our firm has extensive experience in uncontested and contested divorces, and we work with a client to represent their best interests.
