Divorces can be messy and stressful experiences, especially if you and your spouse cannot come to an agreement on whether both of you want a divorce, how your assets should be divided once the divorce is finalized and how to organize looking after any dependent children. This sort of divorce is a contested divorce and how to proceed depends on the reasons for the disagreement(s) you and your spouse have.
Not all divorces are quite as complicated, of course. The process for an uncontested divorce, i.e. a divorce that you and your spouse can agree on, is simpler and less costly as well. In Massachusetts, an uncontested divorce, based on a mutually agreed decision to end the marriage is called a 1A divorce. This distinguishes it from a 1B divorce, which is when it has been contested.
The first steps in an uncontested divorce involve understanding the state’s requirements and criteria for granting a divorce.
What are the main criteria used to establish whether you can file for divorce in Massachusetts?
You can file for divorce in this state if:
- the reason(s) you and your spouse have decided to end your marriage occurred in Massachusetts while you were both living as a married couple in the state;
- you have lived in Massachusetts for at least a year, even if the reason for ending the marriage occurred in another state.
What are the initial steps in filing for an uncontested divorce?
As you and your spouse broadly agree that you both want to go through with a divorce, you will need to make decisions about how to divide your joint assets, whether to sell a jointly owned home or whether one person or another could remain living in it, what debts you both have and how to pay them off, alimony (spousal support) and arrangements for child custody and their continuing welfare.
That’s a pretty big list of decisions to make. The longer you have been married, the greater the amount of joint assets and the younger the age of your children will all have an effect on how difficult it might be to come up with a joint agreement on everything. You may find that a divorce lawyer can help you with formulating a separation agreement, something you will need to do to submit to the Probate and Family Court when you file your petition for divorce.
It is wise to make sure that you cover as much as possible in your separation agreement, making it as clear as possible about your joint decisions. The court will not take it lightly if there is a dispute about the agreement before the divorce is actually finalized.
Once the separation agreement has been completed, both spouses need to sign the document before a notary. This needs to be submitted with a completed and signed CJD-101A form, called a Joint Petition for Divorce, a Record of Absolute Divorce (F-408), a signed affidavit confirming an irretrievable marriage breakdown and a financial statement compiled by both spouses and a certified copy of the marriage certificate. If you have minor children, you will also need to complete and submit an Affidavit Disclosing Care or Custody Proceeding (OCAJ-1) and a Child Support Guidelines Worksheet (CJD-304).
Note that you do need to state the reasons for the breakdown of the marriage. You need to state the reason(s) for the breakdown in the affidavit you both submit. This could be just simply an “irretrievable breakdown” of the marriage, which is a “no-fault” reason or due to a particular “fault” reason such as infidelity.
Also note that unless you and your spouse have minimal assets (when you may be able to apply for a fee waiver), you will also need to pay a fee to the court (currently $215).
How long does it take before an uncontested divorce is finalized?
A divorce is not instantaneous once the petition and supporting documents have been submitted. A judge will summon both spouses to a hearing when any questions about the divorce may be asked. The judge will want to know in particular that if there are any minor children that the separation agreement ensures that their best interests have been taken into account. Then, within 30 days of the hearing, the judge will approve the separation agreement assuming that everything has been filled in sufficiently. That initiates another 30 day waiting period before a “judgment of divorce nisi” is made. An “absolute divorce” judgment still takes another 90 days before the uncontested divorce process is finalized.
Doing the math, that means that a final divorce takes 120 days (90 + 30) plus the time it takes for a hearing to occur plus the time it takes for the judge to approve the separation agreement.
What if there is no agreement possible between you and your spouse about a divorce?
There are various ways you can get help to come to a mutual agreement about a divorce. This is by far the more satisfactory alternative than having to plough on with a contested divorce. Divorce mediators and marriage counselors can help if you and your spouse are prepared to attend meetings together. Divorce lawyers can also help at any stage of a divorce. This can get quite expensive, especially compared to an uncontested divorce. If you still cannot come to a mutual agreement, then either you or your spouse can file a petition for a contested (1B) divorce.
For more information, visit our website Mucci Legal or contact us for a free initial legal consultation today.