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What is the Difference Between Contested and Uncontested Divorce in Massachusetts?

Written By: Matthew W. Peterson

Published: 06/12/2020

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What is the Difference Between Uncontested and Contested Divorce in Massachusetts? | The Law Office of Matthew Peterson

What is The Difference Between Uncontested and Contested Divorce?

A lot of clients keep asking the Law Office of Matthew W. Peterson about “What is the difference between uncontested and contested divorce?” The difference between a contested and uncontested divorce in Massachusetts is simple. A contested divorce means you and your spouse don’t agree on everything, while an uncontested divorce means there are no disagreements. Regardless of the type, you typically need a family lawyer to negotiate and fight for you.

Understanding Divorce

A divorce is simply the process of breaking up a marriage, splitting the assets, and dealing with the care of children, including child support. The Probate Court accomplishes all of those tasks.

Issues in a Divorce

Marital Assets

Marital assets include everything that was acquired during the marriage. This means your home, bank accounts, cars, retirement accounts, and any other property that either you or your spouse received during the marriage (with some exceptions). Who has title to the property typically doesn’t matter. Whether the house is in your name or your spouse’s name doesn’t mean it’s marital property or not.

Child Custody

Custody of your children means not only where your children will live but also when the non-custodial will be allowed to have visiting time and the conditions. It also includes who will pay for extraordinary expenses. This includes medical expenses, educational expenses, and any other expenses that can come up.

Child Support Obligations

The Probate Court will also decide child support obligations. This means how much the non-custodial parent will pay to the custodial parent. The child support guidelines govern the amount of child support. However, your case could mean the child support guidelines are not followed.

Uncontested vs. Contested Divorce

If you agree on all of those issues, you should be able to accomplish an uncontested divorce. A contested divorce means that the Court will decide those issues after a trial. Because contested divorces involve much more work, they are much more expensive.

A contested divorce can start out contested and end up with an agreement, though. Often, negotiating the terms of your divorce is the best option.

Your Boston Family Law and Divorce Attorney

While the difference between a contested and uncontested divorce is simple, the costs can be much different. Don’t navigate this challenging time alone! Contact the Law Office of Matthew W. Peterson now to schedule your consultation and take the first step towards a smoother divorce process.  If you need an experienced family lawyer in the Boston area, let’s work together to protect your interests and achieve the best possible outcome for you and your family.

Frequently Asked Questions (FAQs)

1. What is the average duration of a contested vs. uncontested divorce in Massachusetts?

An uncontested divorce can often be finalized within a few months if both parties agree on all terms, while a contested divorce may take several months to over a year due to court schedules and negotiations.

2. Can I represent myself in a divorce case?

Yes, you can represent yourself in a divorce case; however, it is highly recommended to hire an experienced family lawyer to ensure that your rights are protected and that all legal requirements are met.

3. What happens if my spouse does not respond to divorce papers?

If your spouse does not respond to divorce papers within the required time frame, you may be able to proceed with a default judgment, which can allow you to finalize the divorce without their participation.

4. Are there any fees associated with filing for divorce in Massachusetts?

Yes, there are filing fees associated with initiating a divorce in Massachusetts. The fees vary depending on whether it is contested or uncontested; however, fee waivers may be available for those who qualify based on financial hardship.

5. How is child support calculated in Massachusetts?

Child support in Massachusetts is calculated based on state guidelines that consider both parents’ incomes, the number of children involved, and other factors such as childcare costs and health insurance expenses.