It is a common myth that divorces always have to be complicated. If you and your spouse agree on the essential aspects of the divorce, you can file for an uncontested divorce. However, regardless of the circumstances, you should consider consulting a family lawyer. A competent divorce lawyer Boston can guide you through the process and ensure that all your interests are protected. In this post, we are sharing an overview of an uncontested divorce in Massachusetts.
What is an uncontested divorce?
When both spouses agree on all major issues that typically crop up during the divorce process, they can have an uncontested divorce. These issues include the distribution of marital assets, child custody, and child support. If you and your spouse fulfill all the necessary residency requirements in Massachusetts, you can complete the process in a short span.
Drafting a separation agreement
Once you know you are eligible to file for a divorce; the next step is to draft the separation agreement. This is one of the critical documents in the process, which determines how assets are divided between spouses, how aspects like child custody and child support will be managed, and whether one party is to get alimony from the other. Because the parties already agree to these things, writing a separation agreement is not complicated. Both spouses are required to sign the document.
Filing the joint petition
The second step is to file a joint petition, which is typically filed at the Probate and Family Court. In a contested divorce, one party will file the papers, and the other party will be served. In an uncontested divorce, the spouses can file a joint petition, along with relevant statements, including financial statements. The reason for the divorce would be the irretrievable breakdown of the marriage, which means there is no room for reconciliation. Following this, the court will schedule a hearing, which is usually within 30 days. The judge will check all relevant documents and the separation agreement to ensure the divorce outcome is fair to both parties.
Get an attorney
Hiring a divorce lawyer is necessary, even if you and your spouse decide on an uncontested divorce. There is legal jargon and paperwork involved, and it makes sense to avoid all the common mistakes. If you want the process to be over soon, ensure all the legal work is done by an experienced family lawyer, which will ensure that you are in sync with the state laws.