You’re planning to get divorced from your spouse or are at least thinking about it. Divorce is a serious state of affairs. It means your marriage has come to and end. However, it certainly does not need to come to a bitter end. In fact, there are many couples that divorce and still get along with one another. They simply realize that they’re better off as friends than they are as husband and wife. That being stated, if you and your soon to be ex spouse agree on most if not all matters regarding the permanent separation, than an uncontested divorce may be the best choice.
So, what exactly is an uncontested divorce? In essence, it means that neither of the parties disagrees with the divorce decree. The bottom line is that the couple is in agreement on exactly how to split the marital assets. They are also in agreement on other issues such as alimony, child support, and child custody. If you happen to fall into this category than you can save a significant amount of time, money, stress, and aggravation. In essence, the court procedures are completely streamlined.
However, the couple must not have any financial disputes such as alimony payments or child custody rights. In addition, both parties must agree to the divorce. Are you eligible for an uncontested divorce? If you and your spouse are in agreement on the terms of your divorce, including but not limited to child custody rights, child support payments, spousal support, and asset division than chances are you will be able to file for an uncontested divorce. That being stated, it is always a wise choice to consult with an attorney that specializes in uncontested divorces.
That way, you will be rest assured that everything is done properly. However, if your divorce is a bit more complicated, meaning you and your spouse are in disagreement on any divorce related topics, than you should have your attorney file for a contested divorce instead. Please refer to our blog article “What Exactly Is A Contested Divorce” or more information about that particular topic. Just like a contested divorce, an uncontested divorce begins by one of the parties filing for divorce. Uncontested divorces usually have a far more streamlined paperwork process.
However, it’s incredibly important that the paperwork is filled out correctly. You will need to include things such as child custody and property information. You will also need to include a divorce statement in which the grounds of the divorce are declared. It should be noted that people under the stress and pressure of divorce tend to change their minds. That means if you or your spouse decides not to agree with the terms of the divorce and makes the proper court filings, the uncontested divorce will not be granted by the Massachusetts divorce court.
If you need help with uncontested divorce related issues, please contact Zawada Family Law today. Brynn Zawada, an expert in family law, delivers the best results for her clients. She is an accomplished litigator with extensive experience representing individuals in the various district and probate courts across the Commonwealth of Massachusetts. Attorney Zawada’s primary focus is on complex family law matters including divorce, custody, removal, alimony, and guardianship and grandparent visitation issues.
Brynn Zawada is responsive to the fact that family issues are both complex and emotionally taxing. That is why she strives hard to guide her clients through the process as effectively and efficiently as possible while also minimizing the emotional toll on her clients.