Uncontested Divorce in Massachusetts

The procedure of divorce involves collection of several documents related to various topics. Some time is necessary for obtaining these documents and leads to an involvement of the divorcing partners in the topic of divorce. This is one of the reasons of the emotional toll the divorce process takes on the divorcing spouses.

Forms related to No-fault, Uncontested Divorce in Massachusetts

A no-fault and uncontested divorce takes place when both divorcing partners can cooperate and they file a joint petition. This is known as a Simplified Divorce or the “1A” divorce, as per the section of the law. The divorcing partners have to produce the following forms.

• A Joint Petition: This form has the below mentioned aspects.
  • Identifies the divorcing partners and their children, if any.
  • Makes a request for the restoration of the former name of the wife (if desired).
  • Asks the court to add in a separation agreement.
• A certified copy of the marriage certificate.
• Certificate of Absolute Divorce or Annulment: This form records the action for the Commonwealth.
• A Request for Trial or Pre-Trial Assignment: This form is essential to plan out a divorce hearing.
• An Income Assignment Worksheet: This form is used for the assignment of income.
• A Settlement Agreement: The terms and conditions of the property settlement are mentioned in this form and both the divorcing partners sign this form.
• Child Support Guidelines Worksheet: In case, there are un-emancipated children under 23 years of age, this form is essential.
• Attendance Certificate: In case there are minor children, the divorcing partners have to attend parenting classes and produce the certificate of attending these classes.
• An Affidavit disclosing Care or Custody Proceedings: When the divorcing couple has children aged less than 18, then, this form is used to explain the terms and conditions of visitation and custody.
• A Financial Statement for each spouse: If the annual income of the spouse is less than 75,000 USD, then the pink paper is used. If the yearly income of the spouse is more than 75,000 USD, then the purple paper is used.
• A Joint Affidavit: This document states that the divorcing couple does not currently derive satisfaction from married life and they are of the opinion that now there is no possibility of reconciliation.

Forms related to Fault, Uncontested Divorce in Massachusetts

The entire forms essential for a no-fault, uncontested divorce are also necessary for a fault, uncontested divorce. Additionally, the following forms are also needed.

• An Answer and Counterclaim: Depending on the desire of the Defendant, this form may or may not be filed.
• A Divorce / Separate Support Summons: This form is returned with the Sheriff’s return of service or the Defendant’s Acceptance of Service.
• A Complaint for Divorce: This form is used to identify the divorcing partners and their children and to indicate the requested relief.
• A Motion for Alternative Service: This is filed by the Plaintiff in the following conditions.
  • The Defendant resides outside Massachusetts.
  • The Defendant does not accept the Summons.
  • The Defendant cannot be located.

Divorce Papers