Submitted by MsArron on Fri, 08/21/2009 - 10:03
I'm trying to do some research to see if my husband and I can just do an uncontested divorce and avoid all the attorneys and other problems. Can you tell me what part of the Massachusetts law covers this issue?
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Editor's Response
Sure. You're looking for Massachusetts General Laws Chapter 208, Section 1A. That is why an uncontested divorce is sometimes referred to as a 1A divorce. Here is a little information to get you started: After your research, if you and your husband think you can make the uncontested divorce work (not all couples can, especially those with complicated marital estates or custody issues), you will need to file a Joint Petition for Divorce along with an Affidavit of Irretrievable Breakdown. Also, and this is why it's called an uncontested divorce, you must file a Separation Agreement that is signed by both parties and notarized.
The Hampshire County Probate and Family Court has an excellent site with information and forms about uncontested divorce. Even if you do not live in that County, it is an excellent resource for those trying to figure out the process and the forms: http://www.hampshireprobate.com/Divorce%20Info/uncontested_divorce.htm. Check your local Probate and Family Court for similar information. Good luck to you.