Going through the dissolution of a marriage can be challenging for any couple. This is true no matter how long or short a time the couple has been married, or how many or few assets they own together. However, the ideal situation is if both spouses are in agreement about proceeding with the divorce. In this scenario, the parties can file for an uncontested divorce in Massachusetts.
More complicated marital breakups might fall outside of a state’s parameters for uncontested divorce. However, if both spouses are informed about and agree on the major issues of the divorce, such as child support and custody arrangements along with spousal support and property distribution, this can save them both money and time. This is possible because the court procedures are streamlined with an uncontested divorce proceeding.
Similarly to a contested divorce, one side must file for divorce, but designate that it is uncontested. The paperwork filed includes child custody and property information as well as a statement regarding the grounds for getting divorced. If the other spouse consents to the uncontested divorce or does not make an appearance after being properly served with the formal paperwork, the court can grant it. However, if the other party does not consent or proceeds by appropriate court filings for a contested proceeding, the court cannot grant it.
The divorce process can understandably be complicated due to the many legal steps involved. However, an attorney can help with navigating the process from beginning to end. The attorney will ultimately strive to protect one’s rights and best interests during either an uncontested or contested divorce in Massachusetts.
Source: Findlaw, “Uncontested Divorce“, Accessed on July 5, 2017