In Massachusetts, divorces generally fall into two categories: contested and uncontested. When you set out on your divorce journey, it’s important to understand what kind of divorce you may be facing. There are important legal decisions along this path that can shape your financial future and your relationship with your children.
What Is an Uncontested Divorce?
An uncontested divorce in Massachusetts is commonly referred to as a “1A divorce.” An uncontested divorce occurs when both spouses agree that the marriage has irretrievably broken down and reach a complete agreement on all major issues.
The issues included in an uncontested divorce may include:
- Division of assets and debts
- Child custody and parenting schedules
- Child support
- Alimony
- Health insurance and other financial matters
To get the process started, the couple files a joint petition with the Massachusetts Probate and Family Court, along with a written separation agreement. After a brief hearing, if the judge finds the agreement fair and reasonable, it is approved. The divorce becomes final 90 days later.
Advantages of an Uncontested Divorce
An uncontested divorce is often faster, less expensive, more private, and less emotionally draining.
Because both parties control the terms of the agreement, there is usually less hostility and uncertainty. For couples who are able to communicate and compromise, this divorce process can facilitate a more comfortable transition with less conflict.
That said, “uncontested” does not mean informal. A separation agreement is a binding legal contract. It should be carefully drafted and reviewed by an experienced Massachusetts Divorce Attorney to avoid unintended long-term consequences.
What Is a Contested Divorce?
A contested divorce, often called a “1B divorce,” is filed when spouses do not agree on one or more major issues. Even if both agree that the marriage is over, disputes about finances or parenting can mean that the case is contested.
In these cases, the court may have to decide:
- Who will have legal and physical custody
- Parenting time arrangements
- Child support
- Whether alimony is appropriate
- How marital assets and debts are divided
Massachusetts follows an equitable distribution system, meaning property is divided fairly, but not necessarily equally. Judges consider factors such as the length of the marriage, each spouse’s income, contributions to the household, and future earning capacity.
What to Expect in a Contested Case
Contested divorces typically involve multiple court appearances and procedural steps, including:
- Temporary orders hearings
- Financial disclosures
- Discovery (exchange of financial information)
- Mediation or settlement conferences
- Trial, if no agreement is reached
A contested process can take months or, in more complex cases, over a year. It is often more expensive and emotionally taxing, particularly when children are involved.
If you are facing a contested divorce and you are feeling anxious, it’s important to remember that many contested divorces ultimately settle before trial. Negotiation remains possible throughout the case. An experienced and responsible Massachusetts divorce attorney will negotiate adeptly to avoid drawn-out litigation or an unwanted settlement.
Which Path Is Right for You?
Every divorce is unique. Some couples are able to work together respectfully, even during tough times. Others face serious disagreements about finances or parenting that require court intervention.
No matter which path your case takes, having experienced legal guidance is essential. A knowledgeable Massachusetts divorce attorney can help you understand your rights, protect your financial interests, and advocate for your children’s well-being.
No one gets married expecting or wanting to get a divorce. While divorce is not easy, there are options along your path that can help you to move forward in an informed way. When you are informed about the divorce process, you can take the right steps for your unique situation. At Amaral & Associates P.C., our experienced team can consult with you on the appropriate next steps for your divorce. Contact our team at the Family Law and Estate Planning Center to arrange a consultation.
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