By: Jennifer R. Silva, Esq.
In Massachusetts, there is a mechanism for spouses to become divorced when the parties are already in full agreement as to all terms related to their divorce including, but not limited, to, child support and/or alimony, custody/parenting time of the children, division of assets, division of debt, and issues related to health insurance, life insurance and uninsured medical/dental expenses. Because the parties are already in full agreement regarding the terms of their divorce, litigation/judicial input is not necessary. This type of divorce is referred to as an “uncontested” divorce. Often, parties reach a full agreement for divorce in one of the following ways: 1) direct negotiation between the parties; 2) mediation with a third-party mediator; or 3) negotiation between the parties’ attorneys. After a full divorce agreement is reached, the parties must file the fully executed divorce agreement with the Court, along with a Joint Petition for Divorce, Rule 401 Financial Statements from each party, a certified copy of the marriage certificate, and other court-required forms.
Absent unusual circumstances, the Court will require both parties to appear for an uncontested divorce hearing. At this hearing, the Judge will review the divorce agreement and financial statements of the parties, as well as hear basic testimony from the parties to “make the case” for divorce (e.g. names of the parties, addresses of the parties, date and location of the marriage, names and ages of any children of the marriage, the date on which the marriage irretrievably broke down, confirmation from the parties that the irretrievable breakdown of the marriage continues to exist at the time of the hearing and that there is no hope of the parties reconciling). Additionally, the Judge will ask each party a series of questions under oath; such as:
- Did each party read the agreement?
- Does each party understand the agreement?
- Did each party have the opportunity to review the agreement with an attorney?
- Did each party sign the agreement freely and voluntarily?
- Does each party believe that the terms of the agreement are fair and reasonable under the circumstances?
- Was each party truthful on his/her financial statement? and
- Did each party have the opportunity to review the financial statement of the other party and does he/she believe that the other party was truthful on their financial statement?
If the Judge is satisfied with the testimony of the parties and deems the terms of the agreement to be fair and reasonable, the Court will enter the divorce agreement as a Judgment of Divorce and the parties’ divorce will be final 120 days after that uncontested divorce hearing.
Jennifer Silva, Esq. -Best Boston Divorce Lawyer
To speak with a lawyer about divorce or other family law matter, contact Mavrides Law in Boston, Newton, or Quincy, MA. To schedule an initial consultation, call 617-723-9900 or contact the firm at [email protected]
