Divorce is a difficult process, whether it is high-conflict and contested or uncontested and amicable. The Massachusetts family law and divorce attorneys at Cohen Cleary, P.C. have experience in many kinds of divorces, and we are ready to help you navigate the process, protect your interests, and assist with the transition to your next chapter.
An Overview of Divorce Options in Massachusetts
Every divorce looks a little bit different, but will likely follow a similar path based on factors such as the grounds for divorce. Massachusetts recognizes both at-fault divorce (where you must show evidence that the other party violated the marriage contract) and no-fault divorce (where you simply identify that the marriage is irretrievably broken).
In most situations, couples choose to simply file a no-fault divorce to avoid unnecessary litigation. Alternatively, if you file for a fault-based divorce, you must prove the violation of the marriage contract such as adultery, cruel and abusive treatment, or other valid fault grounds.
Once you determine how to file, you can talk with your spouse and determine whether you agree on how to proceed or not. This will determine whether the divorce is contested or uncontested. Some of these core issues that must be resolved include custody agreements, spousal support, and property division.
What Is an Uncontested Divorce?
In Massachusetts, an uncontested divorce is considered a no-fault 1A divorce. In an uncontested divorce, both parties are mostly on the same page regarding the status of the marriage and agree that divorce is necessary. These are typically low-conflict and can be resolved more quickly than contested divorces.
Key Requirements for an Uncontested Divorce
The key part of an uncontested divorce is that you and your partner agree on all relevant issues and do not need the judge to make a ruling beyond approving your agreement. You must provide a completed separation agreement within 90 days of filing for divorce.
The Uncontested Divorce Process
An uncontested divorce is often quicker and easier than a contested divorce. Typically, both parties and their attorneys will determine together how to divide debts and assets, business assets, alimony, and child support or parenting plans if children are involved. Then, attorneys will draft a separation agreement outlining the terms of the dissolution of marriage.
Once the agreement is completed, it is submitted to the court for review and approval. In most cases, the judge will accept an agreement as is unless it is unfair to one party’s detriment, or is unlawful in some way.
Benefits and Challenges of Choosing an Uncontested Divorce
One of the biggest benefits our clients see in an uncontested divorce is that it can be finalized with relative ease. It is often collaborative and less stressful than contested divorces. Less conflict often means financial efficiency as well. However, uncontested divorce requires more compromise and may therefore not be appropriate for marriages with power imbalances or for those experiencing domestic violence.
What Is a Contested Divorce?
A contested divorce is one where both parties cannot agree on major issues. This might mean that one party does not agree to ending the marriage, or that they cannot agree on issues such as child custody and support or the division of marital assets. Contested divorces can be low or high conflict, where some find a resolution through a tool like mediation sessions, while others require protective orders or extended litigation. Every case is unique, and it is best to consult with a family law attorney for guidance and advocacy through the process.
Key Requirements for a Contested Divorce
The key to a contested divorce is that the parties don’t agree. However, this disagreement doesn’t mean you are litigating in court for months. Many contested divorces are resolved through mediation services or other alternative resolution methods.
The Contested Divorce Process
The contested divorce process is often more involved and longer than an uncontested divorce. Typically, you can expect to file for the divorce, then serve your spouse. Once your spouse is legally notified, the discovery phase begins. At this stage, our divorce attorneys will help you gather the necessary evidence and documentation to help you get what you need to proceed. Contested divorces might be settled, or might proceed to trial on disputed issues.
While you wait for trial, you may have temporary orders for spousal support as well as support and custody orders for any children. You can expect a pre-trial conference for everyone to review, and then wait for a court date.
Benefits and Challenges of a Contested Divorce
Contested divorces can be critical to securing a fair resolution. This is especially true if you have an uncooperative or abusive partner who would not otherwise agree to a fair or equitable split of assets, debts, or support. However, it typically takes longer and is often much more costly in terms of legal and court fees. Contested divorces can be a very difficult time for everyone.
How to Decide Between Contested and Uncontested Divorce
If you are wondering whether to pursue a contested or uncontested divorce, you must consider a couple of things. The first is whether or not your soon-to-be-ex is going to be willing to compromise. The next is whether a fair and equitable separation is important to you.
If the marriage didn’t produce much in terms of debt or assets, and you are happy to let your partner take everything to just get a clean break, that may be worth it for you to complete the divorce uncontested to get it over with quickly. However, if you are leaving a longer marriage that produced significant assets or liabilities, you may be more concerned with ensuring an equitable split.
If children are involved, you have to determine if you and your spouse are on the same page when it comes to care and custody. If you can agree, it might reduce the need for timely and expensive litigation.
There is only so much you can control when it comes to compromise and whether your divorce is contested. Regardless of your circumstances, the right decision is going to be different for everyone.
Can You Switch from Contested to Uncontested Divorce?
Yes, the designation of contested or uncontested is not so much a legal classification as it is a descriptor of the process. If you and your partner are able to come to a complete agreement before taking the case to court, you have successfully transitioned from a contested to an uncontested divorce. Sometimes, divorces change course. Regardless of the type of divorce, if the parties are able to compromise, they can reach a settlement agreement at any time. Often, having counsel helps to reach efficient resolution more quickly.
Speak With an Experienced Massachusetts Divorce Attorney
Divorce is often an incredibly difficult transition, even if you know it’s the best decision for you and your family. The experienced Massachusetts divorce attorneys with Cohen Cleary, P.C. are here to help you navigate the process. Whether that means you decide to hold firm on certain requests, or determine that the remaining issues are not worth the prolonged process.
Our team is here to support you and your goals, helping you start a new chapter of your life in the best possible position. Call us today to schedule your case consultation and discuss your options.
