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What is an uncontested divorce?

On Behalf of | Nov 8, 2022 | Divorce

If you and your spouse have realized that your marriage is not working and agree that it’s time for a divorce in Massachusetts, you can try ending your union amicably. Achieving an uncontested divorce will save you time and money and allow you to move on more quickly to your new life.

What makes an uncontested divorce?

If you both want to split up and can agree on terms on your own or with the help of a mediator, your divorce is considered uncontested. Generally, you must meet the following requirements:
• No financial problems or disagreements
• No disagreement on alimony or child support
• You must agree on the divorce terms

Massachusetts is one of the few states that allows “at fault” divorce, where one spouse admits that their actions are the reasons behind the split. However, even an at-fault divorce can still be uncontested if you agree to the terms.

Using mediation

Even amicable divorces can turn contentious when negotiations begin, so instead of turning to litigation in court, try mediation instead. Trained mediators can help you talk through divorce issues like how to split marital assets, parenting time, what to do with the house, etc. Mediation is a great tool that can save you time and money. If you still can’t find a solution, try other solutions before heading to court.

The benefits of uncontested divorce

When considering filing for divorce, determine what issues are problems between you and your spouse and try to work those out ahead of time. When mediation doesn’t work, you can also opt for arbitration or collaborative divorce methods instead of litigation.

Uncontested divorce provides couples who want to split with several advantages. The most obvious one is you won’t spend an excessive amount of money and time in court while attempting to come to a settlement. Your divorce will happen more quickly, too, as state law specifies that uncontested divorces should have speedy hearings. Finally, even though divorce is never easy, you’ll have a better relationship with your ex, which is especially important if you have children.