An uncontested divorce can be resolved without a trial in Massachusetts, but that does not mean the process is easy by any stretch of the imagination. An uncontested divorce is one that is negotiated, and a full agreement reached, before the matter is filed with the court. The terms that must be negotiated before filing for an uncontested divorce are complex and they affect the life of everyone involved for years to come.
It is vitally important to understand your rights and the implication of every decision made during the process. Advice and advocacy from a compassionate and knowledgeable divorce lawyer can make a world of difference both during and after your divorce.
At Reade Law Firm, PC, we understand the challenges you are facing, and we are ready to help. Let us guide you through the process, protecting your rights and working toward the best outcome for your future.
What an Uncontested Divorce Means in Massachusetts
In order to file for an uncontested divorce, both spouses must have a written agreement that addresses every important term. This includes:
- Child custody
- Parenting plan arrangements
- How property will be divided
- How debts will be allocated
- Alimony
- Child support
- Health Insurance
The attorneys at Reade Law Firm, PC can negotiate terms on your behalf based on your individual circumstances and priorities. We will advise you about your rights, but also ensure that you have a realistic expectation of the outcome so that you can make choices that are best for your family.
Certain terms, such as custody and parenting plans, can be modified later if circumstances change. However, other aspects of the divorce, including the division of property, cannot be changed except in extraordinary circumstances. It is important to understand your rights and the full picture regarding your debts and assets before you agree to the terms.
Timeline for an Uncontested Divorce
Gauging the timeline for an uncontested divorce can be challenging as it is hard to predict how long the negotiation of the separation agreement may take, or what will happen if one party changes their mind about the terms during the process. Once you have a signed and notarized agreement, this document will be filed in Probate and Family Court along with other essential documents and the required fees.
The court will set a hearing date, and both spouses will need to attend unless one has requested a waiver in advance. If the judge approves the separation agreement, the court will enter the judgment approximately 30 days after the hearing, at which time a judgment of divorce nisi is entered. 90 days from the judgment of divorce nisi, the divorce officially becomes final.
Let the Dedicated Team at Reade Law Firm, PC Guide You Through the Divorce Process
It can be tempting to try to save money by handling a legal issue on your own. Other times, a spouse may try to convince you that you don’t “need” an attorney.
Remember, however, that there is a lot at stake for your future. Working with an attorney during an uncontested divorce can ensure that your rights are protected and the service of an experienced professional often reduces the painful conflict during the process.
We invite you to talk to us if you are considering an uncontested divorce. Let us explain how we can guide you forward to your best life ahead.