Few things are as stressful as the end of a marriage. Our state, fortunately, recognizes that there are instances in which spouses are able to amicably resolve their differences. If the parties are able to agree on all issues they may dissolve their marriage through an “uncontested divorce.” This process allows the spouses to save a significant amount of time, money, and aggravation. It is important to understand, however, that the process must be handled properly. A mistake in your Court filings can result in the parties going back to court later for an unforeseen dispute. Our Boston uncontested divorce lawyers are experienced in handling such matters and will make sure that your case is handled appropriately. Contact our office today to speak with an attorney. We also service Cambridge, Salem, Dedham, Worcester, and other Massachusetts areas.
Attorneys helping Boston residents with the uncontested divorce process
Uncontested divorces are available to spouses who are in complete agreement on all issues. It is important to understand that if there is any disagreement between the parties then they must file for a contested divorce instead. If there is complete agreement on issues such as marital property division, spousal support, child custody, etc. then the parties may go through the uncontested process (which is also known as the “1A” process) and complete their case in a matter of weeks at a relatively low cost. In addition to being in agreement as to all matters, one of the spouses must also have resided in our state for at least one year prior to filing the case with a few exceptions.
The first step in the uncontested process is for the spouses to complete a Joint Petition for Divorce. This is a formal document in which the parties request the dissolution of their marriage. The Joint Petition will also state the parties’ settlement agreement in regards to the division of their property, alimony, child custody, visitation, etc. The Petition will be filed with the Court, along with affidavits stating that there is an “irretrievable breakdown” in the marriage, and proof of residency. The Court will process the documents and a hearing will be held. The Judge will sign a temporary order known as a Divorce Nisi. After the passage of one-hundred twenty days (120) from the temporary order, the Court will enter the final order, known as a Divorce Absolute or Divorce Decree, and the order will be entered with the clerk’s office to complete the case.
While the aforementioned process may sound simple, it is important to understand that there are potential pitfalls. If the Joint Petition and Divorce Decree do not properly deal with an issue then disputes may arise at a later date. Examples of this can include disagreements over ownership of property which was not listed in the Petition, disputes over who should be responsible for a debt which was not listed, or arguments over ambiguities in a parenting agreement. By retaining an experienced lawyer, today, you can help to ensure that your matter is handled properly. This, in turn, can prevent disputes from arising tomorrow.
Our Boston uncontested divorce attorneys have extensive experience in handling such matters. Edward Swan and Sohail Nassiri have over twenty-five years of combined legal experience and they pride themselves in providing quality service. They will use your initial consultation to gain a complete understanding of your situation. This, in turn, will allow them to ask the follow up questions to make sure that all issues are properly included in your Petition. Edward and Sohail will make sure that you consider the long-term ramifications of your agreement and that the matter proceeds through the Probate and Family court as quickly as possible. We understand that you need to protect your interests but, at the same time, that you are eager to move on with your life. We will work to make sure that your case is handled as effectively and efficiently as possible.
We also assist Massachusetts residents in the Middlesex County cities of Cambridge, Lowell, Somerville, and Newton, as well as those in the cities of Salem, Dedham, Worcester, Brockton, Quincy, and Lynn.
Boston lawyers providing regular updates to those going through an uncontested divorce
If you are going through an uncontested divorce then you are likely facing many frustrations. You do not need the added aggravation of an attorney who fails to keep you up to date as to the status of your case. Our lawyers make client-communication a priority. They promptly respond to phone calls, emails, and provide clients with their cell phone numbers. Our firm is honored to serve those in the Boston area and this is our promise in each and every case we handle.