Divorce Guide

Divorce Guide

Massachusetts Uncontested Divorce

Massachusetts uncontested divorce is usually filed with the family law or domestic relations clerk. It is necessary for one of the spouses to be a resident of the commonwealth if the grounds for the divorce action take place in Massachusetts. If the grounds for divorce take place outside commonwealth, the divorce applicant must be a resident for a year. When neither of the spouses resides there, then the divorce can be filed in that county where one of the spouses lives currently.

What are the Grounds for Massachusetts Uncontested Divorce?

  • Impotence
  • Imprisonment for more than five years
  • Adultery
  • Alcoholism and/or drug addiction
  • Discarding the spouse without support for a year prior to filing a divorce
  • Cruel and inhuman treatment

In a no fault uncontested divorce, all the divorce actions are filed in the probate court for the Commonwealth of Massachusetts. The spouse who files a divorce appeal is called the Plaintiff while the one who responds to it is called the Defendant. Uncontested divorce in Massachusetts gives a platform to both the spouses who cooperate to file a joint petition for divorce.

What are the Documents for Uncontested Divorce in Massachusetts?

To file for uncontested divorce in Massachusetts, it is necessary for the spouses to submit certain documents. For example a certified copy of the marriage certificate, a joint petition that identifies both the spouses and their children (if any), requests reinstatement of wife’s earlier name and a separation agreement. Moreover, a joint affidavit which defines that the couple is no longer compatible and believes that there is no chance of reconciliation. Besides this, the other required documents are as follows:

  • A financial statement for each spouse on a pink paper if the annual income is less than $75,000 per year and on purple paper if it is more than $75,000 per year
  • An affidavit for child custody if there are children under 18 that comprise terms and conditions of custody and child visit
  • Certificate of attendance which states that the parents attended parenting classes for their minor children, if any
  • Guidelines worksheet for child support when there are un emancipate d children under 23
  • A settlement agreement signed by both spouses with particulars for terms and conditions of assets’ settlement
  • Income assignment worksheet to allocate incomes, if necessary
  • Appeal for trial and pre trial assignment to plan a divorce hearing
  • Certificate of absolute divorce that records the divorce appeal for the commonwealth

In Massachusetts uncontested divorce, if a spouse is not easy to locate or does not accept the summons, or if he or she lives outside Massachusetts, then a motion for alternative service can be filed by the divorce applicant. As soon as the court orders it, the divorce summons and a legal notice are published in a newspaper chosen by the court once a week for three weeks. Henceforth, a copy of the divorce summons is mailed to the last known address and return receipt is requested. A green card is usually filed if the summons is accepted and if not, the court is informed accordingly.

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