Uncontested V. Contested
The ending of a marriage is often the most important decision that any person can make in their lives. That decision involved so many factors including the welfare of your children; and getting a fair and equitable division of your marital assets. As a matter of firm philosophy, we will consider every aspect of your situation to develop the best solution for you.
In Massachusetts, there are two types of divorce cases that can be filed, Uncontested and contested.
Uncontested(commonly referred to as a 1A) is a formal process where you and your spouse agree on all matters. This requires the cooperation of both parties regardless of whether or not the parties are not represented by an attorney. It requires both parties to sign documents presented to the court for approval. The court will schedule a hearing to discuss the signed agreement. If the court agrees that the agreement is properly executed and considered fair and equitable; the judge will approve such an agreement.
Contested divorce(commonly referred to as a “1B:) is again a formal process but where you and your spouse do not agree on certain matters. For instance; child support, alimony, or division of certain marital assets. This will usually require a discovery process where you and your spouse will be required to make financial disclosures. Our firm will work to achieve the best results possible considering your marital and financial situation. A 1B is often more expensive and time-consuming; but not in every case. Often there are situations where the parties agree on MOST issues, but there are some remaining items that are in dispute. Oftentimes divorce litigation is needed to obtain a fair and equitable result.