Mike and Barbara do not have children, and both work as teachers in the public school district in the community in which they live. What is their best option for a divorce in Massachusetts? In Massachusetts, an uncontested divorce means both parties are in alignment with the major issues that often appear in a contested divorce. The typical areas where issues may be present include topics such as property, alimony , child custody , child support , and more. If the major issues regarding these topics do not exist, both parties may begin the divorce process together.
To obtain a divorce in Massachusetts, the first step is to determine that the parties live in Massachusetts. Assuming that Mike and Barbara mentioned above are able to meet the residency requirement for a Massachusetts divorce, they will be able to divorce in the Commonwealth.
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The next step in a divorce is to draft a separation agreement. A separation agreement defines the way that the couple will divide property, handle alimony, structure the child custody arrangement, and determine child support.
When a divorce is uncontested, both parties have no qualms or concerns about these topics in the divorce. Therefore, the parties may proceed forward by including their separation agreement into the filing for the divorce.
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Both parties must sign and notarize the separation agreement. Mike and Barbara can determine the way that they want to divide their property. They can define the amount of alimony that they wish to establish.
If they had children, they can determine who has custody, how they will share custody, and the manner in which they wish to raise their children. Mike and Barbara will attach their agreement to the filing for their uncontested divorce.
Prior to the hearing for the divorce, Mike and Barbara can also file a joint petition to the Probate and Family Court. Typically, in Massachusetts, one party in a divorce who wishes to divorce the other must file a petition with the court to provide to the other party of the divorce. The party filing the petition then waits for the spouse to respond to the petition.
Why Is Uncontested Divorce More Affordable?
In an uncontested divorce, however, the parties can complete the petition together. They must complete several statements in support of their petition, such as financial statements. Once this step is complete, the parties must file the documents with the probate and family court in the Massachusetts county where either party resides.
If Mike and Barbara complete the joint petition together, they can include the joint petition with the separation that they file. They can state that they had an irretrievable breakdown of marriage as the reason for their divorce.
There is no fault to their divorce — they simply wanted to end it together. Divorce Divorce is the legal process you follow to end your marriage. Online Probate and Family Court locations. More Information. Additional Resources for Divorce Open file for How the court decides on alimony. Open file for Learn about the types of alimony.
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