There are two types of complaints for divorce in Massachusetts: contested and uncontested. Understanding the differences between these two can help you and your attorney decide which path is right for your unique situation.
What Is an Uncontested Divorce?
An uncontested divorce, referred to as a 1A, occurs when both spouses agree to the divorce. Both spouses are committed to working on the terms of the separation amicably with the goal of avoiding litigating. The parties may each engage an attorney to represent them in the process. Sometimes, one attorney is hired to represent one spouse. That attorney drafts the agreement, however the non-represented spouse would need to hire an attorney to discuss that’s spouses’ legal rights, because an attorney cannot represent both parties.
The parties may decide to engage a mediator to assist them with the entire process or with any terms that are contested. In some cases, the mediator may draft the separation agreement for the parties. In that case, it is recommended that each party hire an attorney to explain the terms of the agreement and how they will legally impact their future.
There are many advantages to filing a 1A, uncontested divorce.
First, you are negotiating the terms of your divorce, not a Judge that knows nothing about your life and circumstances and only engages with you during an emotionally charged court hearing.
Second, a 1A is less costly than a contested 1B, divorce. The cost of engaging attorneys to assist with drafting, or engaging mediators to assist with minor conflicts, is still less expensive than litigating a contested divorce.
Third, an uncontested divorce is much more time efficient than a contested divorce. It is impossible to predict how long it will take to get divorced when contested. It is not unusual for a divorce to go well past one year and longer, depending on how contested and litigious the proceedings become. The longer parties disagree and fight, the longer it will take in court. Depending on the court and Judge, it could take well over a year to obtain a trial date.
Fourth, this type of divorce has less discovery to be exchanged. Each party must file a financial statement listing all their assets, liabilities and expenses. This statement is exchanged between the spouses and then filed with the Court along with the Joint Petition for Divorce and separation Agreement.
During a contested divorce, the law requires mandatory discovery to be produced and exchanged. This discovery includes the past three years of all tax returns and schedules including W2s, 1099s and other documents filed with your taxes; three years of all bank accounts, three years of all security and retirement vehicles, production of any loan applications filed within the three years as well as any financial statements filed within the three years. Proof of health insurance also needs to be provided. In some cases where the issues are highly contested, additional discovery may be requested in the form of additional request for documents, interrogatories, request for admissions, depositions and third-party subpoenas.
This is all avoided in an uncontested divorce.
We, at Fleischer Law Solutions, have assisted many clients with uncontested divorces in the capacity as attorney either as drafting and representing clients or as assisting during the mediation process. Contact our office to schedule a consultation to discuss whether an uncontested divorce is right for you.
What Is a Contested Divorce?
A contested divorce, 1B, is necessary when both spouses cannot agree on one or more important issues, such as child custody, division of assets, or spousal support. In some cases, one spouse does not want a divorce and is deliberately uncooperative. One spouse may be incapable of working amicably which gives the other spouse no choice but to file a contested divorce.
The good news is most contested divorces settle before trial; however, it will take a trained and skilled attorney to assist with navigating the path towards agreement.
Sometimes, no matter how much you and your attorney try, a trial is inevitable. We at Fleischer Law Solutions have been successful both in reaching settlements in contested divorces as well as litigation.
Choosing Between a Contested or Uncontested Divorce: How Do You Come to a Decision That’s Right For You?
Choosing between a contested and uncontested divorce depends on circumstances that are unique to you and your divorce. An uncontested divorce is ideal for couples who are willing to cooperate and negotiate the terms of their separation. It’s often the best choice for minimizing financial costs and emotional stress, particularly if you have children. On the other hand, a contested divorce may be necessary when there are complex financial issues, significant assets at stake, or if the parties cannot communicate effectively. Whatever path you choose, reviewing your finances and seeking expert legal guidance early in the process can help you stay on track and informed so you can make the right decision for your divorce.
At Fleischer Law Solutions we offer full-service representation for contested and uncontested matters. We support our clients with services such as complex custody and guardianship issues and child support. We cultivate honesty, dedication and creativity in dealing with every kind of divorce. If you are facing a decision about what path to take in your divorce, contact us at Fleischer Law Solutions to schedule a consultation.