Contested Divorces, Uncontested Divorces, and Mediation
Contested Divorces
A contested divorce occurs when spouses cannot agree on one or more key issues, such as child custody, parenting time, division of assets, alimony, or child support. In Massachusetts, this process can be complex, emotionally charged, and lengthy — but with the right legal representation, you can navigate it with clarity and confidence.
WHAT TO EXPECT:
- Filing: One spouse (the "plaintiff") files a Complaint for Divorce under M.G.L. c. 208.
- Grounds: You may file on fault or no-fault grounds, though most cases proceed under irretrievable breakdown.
- Discovery Phase: Both parties exchange financial documents and other relevant information, referred to as 410 discovery.
- Motions: Either party may file temporary orders for custody, child support, or spousal support.
- Negotiations and Trial: If settlement isn’t reached, the case proceeds to trial where a judge decides unresolved issues.
- Judgment of Divorce: After trial or settlement, the court issues a final divorce judgment.
Uncontested Divorces
An uncontested divorce is ideal when both spouses agree on all aspects of the divorce — including parenting arrangements, property division, and support. It is typically faster, less expensive, and less stressful than a contested divorce.
WHAT TO EXPECT:
- Joint Petition: Both spouses file a Joint Petition for Divorce (1A Divorce), citing irretrievable breakdown of the marriage.
- Separation Agreement: This document outlines the terms of the divorce and must be fair and reasonable.
- Financial Statements: Both parties must provide full financial disclosures.
- Court Hearing: A short hearing is scheduled where the judge reviews the agreement and confirms both parties understand and agree.
- Judgment: The court issues a Judgment of Divorce Nisi, which becomes final after 90 days.
Mediation
Mediation is a voluntary process where a neutral third-party (the mediator) helps spouses reach a mutual agreement on divorce-related issues — without going to court.
Why Choose Mediation:
- Confidential and non-adversarial
- Cost-effective compared to litigation
- Preserves communication, especially important when children are involved
- Offers more control over the outcome
How It Works:
- You and your spouse meet with a trained mediator (with or without your attorneys).
- The mediator facilitates discussion on parenting plans, finances, property, and more.
- Once agreements are reached, they are drafted into a Separation Agreement, which is submitted to the Probate and Family Court for approval.
Our Role:
We can represent you throughout the mediation process, advising you behind the scenes or attending sessions as needed. Once an agreement is reached, we ensure it meets legal standards and protects your long-term interests.
