One of the biggest misconceptions between uncontested divorce and contested divorce is that one party may be opposed to getting divorced altogether. In Massachusetts, whether or not you’re agreeable to divorce is not truly relevant in the eyes of the court.
An “uncontested” divorce means that you and your spouse agree on all issues: from division of the marital estate to custody of the children. The percentage of uncontested divorce filings is much smaller in comparison to contested divorce filings. Typically, when a couple is divorcing it is likely because they cannot agree on most things. However, in some instances, couples are able to decide on what should happen to their assets, liabilities, children and other issues in an amicable matter.
In these instances, couples file a Joint Petition for Divorce with the necessary documentation required for filing. Within three to four weeks, the couples appear in court and present their agreement for approval by the presiding judge. Upon approval, the divorce is final 120 days after the date of hearing. An uncontested divorce has many advantages from the time it takes to resolve the case entirely to the cost of the case. If you’re wondering if the uncontested option may work for you and your spouse, please give us a call today to schedule an initial consultation.