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Uncontested Divorce

Uncontested Divorce Lawyers in Quincy, MA

Representation Throughout the Greater Boston Metro Area

Uncontested divorce, often referred to as "1A" divorce, is a type of Massachusetts divorce where both parties agree on all aspects of the divorce, including property division, child custody, and child and spousal support

One significant advantage of an uncontested divorce is that it is usually quicker, less expensive, and less stressful than a contested divorce, which may require litigation. 

A contested divorce, or "1B" divorce, is where the parties cannot agree on one or more aspects of the divorce. This disagreement triggers a series of legal proceedings, including discovery, pre-trial motions, settlement discussions, and potentially a trial, leading to a more prolonged and often more expensive process.

Despite the relative simplicity of an uncontested divorce, having an attorney is still highly beneficial. At Davis Law Group, we can ensure that the agreements made in your divorce are fair and legally sound, protecting your rights and interests. 

Our divorce attorneys can simplify the legal jargon, guide you through the procedure, and ensure all documentation is correctly completed and filed. Errors or omissions in the paperwork can lead to delays, additional costs, or legal complications down the line – all of which we can help you avoid.

Reserve your consultation with a Quincy uncontested divorce attorney by getting in touch with us on our contact form or at (617) 752-6216

How Long Does an Uncontested Divorce Take

The timeline for an uncontested divorce varies based on several factors, but it is generally faster than a contested divorce. In Massachusetts, an uncontested divorce typically takes around three to six months from start to finish, depending on the specific circumstances and the court’s availability. After filing the initial paperwork, Massachusetts law enforces a mandatory waiting period of at least 30 days following the hearing for a "no-fault" divorce. This allows the court time to ensure that both parties agree to the terms and have had an opportunity to consider the divorce carefully.

Once the petition is filed and all necessary documentation is submitted, both spouses will need to attend a hearing. At this hearing, the judge will review the agreement and ensure it is fair and compliant with Massachusetts divorce laws. If the agreement is approved, the divorce will enter the final phase. In some cases, delays may occur due to incomplete paperwork, disagreements that arise unexpectedly, or scheduling issues at the court.

Although uncontested divorces are generally simpler, working with a Quincy uncontested divorce attorney can help streamline the process. A lawyer can ensure that the documents are complete and correct, reducing the risk of delays. Additionally, legal guidance helps ensure that the terms of the divorce are fair and enforceable, making the finalization process smoother and faster for both parties.

Requirements for an Uncontested 1A Divorce in Massachusetts

In Massachusetts, a 1A uncontested divorce has specific requirements that couples must meet to proceed. First, both parties must agree that the marriage has irretrievably broken down, and the chance of reconciliation is non-existent. This mutual agreement, called the no-fault option, is the cornerstone of an uncontested divorce.

Second, the couple must reach a consensus on all aspects of the divorce. This includes the division of marital property, child custody, child support, and alimony. In most cases, the couple will document these agreements in a written Separation Agreement, which is then presented to the court.

If you and your spouse disagree about any issues, you can choose divorce mediation to help you come to reasonable terms. The agreements can then be written up for approval by the court. 

Third, either spouse must have lived in the state for at least one year before filing for divorce if the cause for the divorce occurred in another state. Alternatively, if the grounds for divorce occurred in Massachusetts, one spouse must be a resident of the state to file. 

Last, the couple must jointly file an Affidavit of Irretrievable Breakdown of the Marriage with the court. This document verifies that the marriage is irreparably broken, and the couple is seeking an uncontested divorce. Various other forms must be completed and included in your divorce paperwork. These include the Joint Petition for Divorce, financial statements, and forms regarding child custody and child support.

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