From a functional standpoint, divorces fall into two categories:  uncontested divorces and contested divorces.

Uncontested Divorces

An uncontested divorce case is any suit for divorce in which the final judgment is entered without the need for a trial. This doesn’t mean that the issues between the spouses have been resolved quickly or easily. It means that there has been successful negotiation about support, custody and the division of assets and liabilities which can then be presented to the court. This agreement will not need any determination by the judge as to who should get what or do what. It does, however, require a judicial proceeding under the laws of Massachusetts before you are issued a divorce decree.

If an agreement has been reached, the following questions should be asked by a Probate and Family Court Judge:

1.  Have you read the agreement?
2.  Do you understand the agreement?
3.  Has the agreement been thoroughly explained to you?
4.  Is that your signature on the agreement?
5.  Did you sign the agreement voluntarily and without any duress or undue influence?
6.  Has the law in Massachusetts relating to equitable distribution been explained to you?

Contested Divorces

A contested divorce is one that will go to a trial before a judge. The case is contested because one or more important issues relating to the divorce, the most usual being custody or property division, have not been resolved.

Often clients ask us what the most common reasons for a contested divorce are. The following list presents typical reasons for contesting a divorce:

• One of the spouses wants to reconcile
• One spouse has personal reasons (social, health, financial)
• One spouse wants to exact revenge by making the divorce as difficult as possible
• One spouse is tired of giving in
• One spouse wants time to hide assets in hopes of not having to distribute them
• One spouse’s religious faith does not sanction divorce
• One spouse believes marriage is for life and cannot be canceled

Alternatives to the Adversarial Divorce

What if you feel stuck and don’t want a contested divorce, but at the same time don’t think there’s much chance of reaching an agreement without it? Are there options? Yes.  In Massachusetts, this option is called alternative dispute resolution. Mediation – when couples want professional guidance in order to maximize their input into a separation agreement – gets both spouses to discuss their objectives and equalizes the bargaining power of both spouses. The mediator helps the parties find a win-win agreement. Learn more about mediation.