In Massachusetts, divorces are generally categorized into two types: contested and uncontested. Each type has its own procedures, timelines, and implications. Here, we will explore the key differences between contested and uncontested divorces to help you determine which path may be best for your situation.

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on all major issues related to the dissolution of their marriage. These issues typically include:

• Division of marital property
• Child custody and visitation
• Child support
• Alimony or spousal support

Key Features of Uncontested Divorce

1. Mutual Agreement: Both parties must agree on all terms of the divorce without any disputes.
2. Simpler Process: The process is generally quicker and less complicated because there are no contested issues to resolve.
3. Lower Costs: Since there is less need for legal intervention, uncontested divorces are usually less expensive.
4. Less Stressful: The amicable nature of an uncontested divorce can reduce emotional stress for both parties and any children involved.

Procedure for Uncontested Divorce in Massachusetts

1. Filing a Joint Petition: Both spouses file a joint petition for divorce, along with a separation agreement that outlines the terms of their agreement.
2. Court Review: The court reviews the separation agreement to ensure it is fair and reasonable.
3. Hearing: A brief hearing is scheduled where both parties may need to appear to confirm their agreement.
4. Final Judgment: If the court approves the agreement, a final judgment of divorce is issued.

Contested Divorce

A contested divorce occurs when the spouses cannot agree on one or more key issues related to their divorce. This type of divorce often involves more complex legal proceedings and can be more time-consuming and costly.

Key Features of Contested Divorce

1. Disagreements: One or both parties dispute one or more terms of the divorce, such as property division, child custody, or support.
2. Complex Process: The process involves multiple court hearings, legal motions, and possibly a trial.
3. Higher Costs: Due to the need for extensive legal representation and court involvement, contested divorces are generally more expensive.
4. Emotional Toll: The adversarial nature of a contested divorce can increase emotional stress for both parties and any children involved.

Procedure for Contested Divorce in Massachusetts

1. Filing a Complaint: One spouse files a complaint for divorce, outlining the contested issues.
2. Response: The other spouse responds to the complaint, indicating their disagreements.
3. Discovery: Both parties engage in the discovery process, exchanging information and documents relevant to the contested issues.
4. Mediation: The court may require mediation to help the parties reach an agreement.
5. Pre-Trial Conferences: The court holds pre-trial conferences to encourage settlement and narrow down the issues.
6. Trial: If no agreement is reached, the case goes to trial, where a judge makes the final decisions on the contested issues.
7. Final Judgment: The court issues a final judgment of divorce based on the trial's outcome.

Conclusion

Understanding the difference between contested and uncontested divorce is crucial for anyone considering ending their marriage. An uncontested divorce is generally quicker, less expensive, and less stressful, but it requires mutual agreement on all key issues. A contested divorce, while more complex and costly, may be necessary when significant disagreements exist. Consulting with a Medford, Massachusetts family law attorney at Lambert Legal can help you determine the best course of action for your specific situation and ensure your rights and interests are protected throughout the process.  Contact us today