Frequently Asked Questions
What is an uncontested divorce?
What are the advantages of uncontested divorce?
How does legal representation work with your Flat-Fee program?
Do I qualify for an uncontested divorce?
How long do I have to be a resident of Massachusetts to file there?
I don’t know where my spouse lives. Can I still get divorced?
What if my spouse refuses to sign the paperwork?
Can I pursue and uncontested even if we have significant assets?
Do I need a lawyer?
If I choose to represent myself, will the Judge help me?
Does my divorce have to be completed within a certain time?
How is child support calculated?
How are property and debts divided?
Am I entitled to get alimony or spousal support?
Where do I get examples of Separation Agreements?
The father of my kids won’t pay child support. Can I refuse to let him see them?
What information will my lawyers need?
How long with it take for me to get divorced?
What does it cost?
Do you accept credit cards?
Do I have to pay the fees upfront, or can I make payments on it?
My spouse and I bought a house and are now divorcing. How can I keep the house?
What do we do about retirement accounts?
What if I want to file for bankruptcy?
Can my wife get her maiden name back?
Q: What is an uncontested divorce?
An uncontested divorce in Massachusetts is really nothing more than a negotiated or an amicable divorce. It is where you and your spouse sit down and agree in advance on all of the major issues regarding your divorce. The key is that you and your spouse remain in control of your divorce and its final terms – not the courts.
Q: What are the advantages of uncontested divorce?
Rather than letting some Judge arbitrarily decide how to
divide your property and debts and how much
parenting time you and your spouse should spend with your children, you make all the important decisions about how to end your marriage.
You will avoid high litigation costs and attorney fees. You will also spare yourself of the emotional costs that so frequently accompany traditional litigation in divorce proceedings.
Unlike divorce litigation, you and your spouse retain the power. You remain in charge of your life, and you decide how to move forward from here.
Want to get started? Your first job is to complete your Divorce Homework. Our job is to handle everything else.
Q: How does legal representation work with your Flat-Fee, Uncontested Divorce program?
One of the first things that you need to understand about pursuing an uncontested divorce is that our attorneys and offices cannot represent both you and your spouse. We are permitted to represent either you or your spouse, but not both of you.
The process itself begins when you fill out our required paperwork (we call it “Divorce Homework”) and return it to our office along with your Representation Agreement. Upon receipt, we begin preparing your case for the Court. After drafting our first set of documents, we schedule a meeting with you to review them. If you are unable to come to our offices, that’s fine; after all, we handle uncontested divorces for people all around the country. We can simply e-mail or FEDEX the materials to you for feedback and then schedule a conference call for any final revisions.
Once the last revisions are made, we need to have both parties sign off on the final documents. From there, we go to Court to finalize your divorce.
Q: Do I qualify for an uncontested divorce?
To learn more, go here
Q: How long do I have to be a resident of Massachusetts to file there?
If the cause of the divorce occurred outside of Massachusetts, either you or your spouse must have resided in Massachusetts for at least one year prior to the filing of the action. If the cause of the divorce occurred within Massachusetts, at least one of you must be a Massachusetts resident. Learn more about residency requirements here.
Q: I don’t know where my spouse lives. Can I still get divorced?
No problem. You can still get a Massachusetts divorce, however due to the extra procedures involved, there are extra costs associated with additional filings and the court-ordered “notice by publication.”
Q: What if my spouse refuses to sign the paperwork?
If your spouse refuses to sign the documents that we file with the court, then your matter will have to proceed on a contested basis. If this happens, the divorce process is relatively the same. We can assist you in moving forward, but we will have to convert your case to one in which we bill out at an hourly rate rather than a flat-fee.
Q: Can I pursue and uncontested divorce in Massachusetts even if my spouse and I have been married for many years and we have significant assets?
Absolutely. Many of our clients come to us with the initial assumption that because they have been married for a number of years or because they have significant assets, they must pursue a contested divorce. Nothing, however, could be further from the truth. The only requirement for filing a Joint Petition for Divorce is that you and your spouse must agree on all of the critical terms of your divorce.
Q: Do I need a lawyer?
Having legal representation is not, technically, a requirement; however, if you and your spouse have children, real property, or significant assets and debts involved, it is critical that the final orders be properly prepared and reviewed by an experienced Massachusetts divorce lawyer. It is much easier to ensure that the final orders are properly prepared initially than it is to try to have a Judge modify them once they are entered.
Ambiguous language in uncontested divorce decrees that are not properly drafted can become a big problem down the road. They can create uncertainty and confusion. Making sure that the final orders are properly drafted from the beginning also protects you from improper actions by your spouse both before and after you are divorced.
Our uncontested divorce lawyers have handled hundreds of divorces. Put our knowledge, experience, and resources to work for you.
If things aren’t right at home, don’t wait until things blow up and you find yourself heading into court for your initial court appearance and traditional divorce litigation. Your divorce can be as simple or as complex as you and your spouse decide it to be. But you have options. You have a choice.
Q: If I choose to represent myself, will the Judge help me?
No. The Judge must remain impartial in hearing your case and cannot give you legal advice. If you choose to represent yourself, you are expected to learn the relevant law and procedure, and will be held to the same standards as parties that are represented by counsel.
Q: Does my divorce have to be completed within a certain time?
For most couples, this is not a concern. The Massachusetts Probate and Family Court will give you time, so long as the case hasn’t filed and inactive for over a year. If the divorce is not final within that time period, it will just be considered inactive and be closed.
Q: How is child support calculated?
The Massachusetts Child Support Guidelines are presumed to be fair and just – unless there’s a case presented that the court should deviate from the standard guideline amount. Go to our Child Support Calculator.
Q: How are property and debts divided?
Property division is based on the factors set-forth in M.G.L. Ch 208 Section 34.
Q: Am I entitled to get alimony or spousal support?
If you cannot agree, either party to a divorce may be ordered to pay alimony to the other spouse. If the case becomes contested, then in determining the amount and nature of the alimony award, the court will consider the following factors:
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The length of the marriage;
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The conduct of the parties during the marriage;
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The age, health, station, occupation, amount and sources of income;
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The vocational skills and employability of the parties;
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The estate, liabilities and needs of each party;
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The chances of each party for future acquisition of assets and income;
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The present and future needs of any children of the marriage;
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The contribution of each party to the value of their respective estates;
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The contribution of each party as a homemaker to the family unit.
In addition, the court shall also determine whether the spouse ordered to pay alimony has health insurance or whether health insurance is reasonably available. If so, the court will order that health insurance be extended to cover the other spouse or purchased for the other spouse when reasonably available. Go to our Alimony Calculator to learn more.
Q: Where do I get examples of Separation Agreements?
You can find examples at any of the Massachusetts Probate & Family Courts, in self-help software programs and books, or go here to see some of our Sample Documents.
Q: The father of my children refuses to pay child support. Can I refuse to let him see the kids until he catches up on his payments?
No. If the children’s father has been awarded parenting time pursuant to a court order, you have no right to deny court-ordered time. In fact, if you do so, you may be in contempt of court. Penalties for contempt include sanctions, incarceration and payment of the opponent’s legal fees. Moreover, you’ll cast yourself in a bad light with the Judge. The proper recourse is to file a Complaint for Contempt against your children’s father.
Q: What information will my lawyers need?
We’ll need certain documents to file with the court, answers from your Divorce Questionnaire, and some other information which you can find here.
Q: How long will it take your law firm to get me ready to be divorced?
That depends on numerous factors. First, your spouse – and his or her actions – can affect how long it takes. The faster he or she signs and returns the necessary paperwork, the faster your divorce can be finalized. It can take as little as a few days if you want our expedited service, or as much as two months or more. Learn More
Q: What does it cost?
The cost of your Massachusetts Flat-Fee Divorce depends on the complexity of your case and on how well you and your spouse are able to agree on things. It may be such that your financial situation is complicated, you are self-employed, or that the two of you may not be able to reach agreement on all of the issues. Similarly, if you and your spouse are unable to agree on arrangements relating to the children, this will increase your costs or even the risk of your case becoming contested.
Q: Do you accept credit cards?
Yes – VISA, MasterCard, American Express and Discover cards may be used for payment of your basic fees and additional services.
Q: Do I have to pay the fees upfront, or can I make payments on it?
Fees are paid upfront and are considered fully earned upon receipt of payment. All work necessary to complete your uncontested divorce is performed upon payment of fees. If we represent you in an uncontested divorce, you pay for the service in advance, but any costs and disbursements are paid prior to the actual filing of your paperwork.
Q. My spouse and I bought a house two years ago, but now we are divorcing. How can I keep the house?
Massachusetts is an equitable distribution state. This means property will be divided in a way deemed to be equitable, but not necessarily 50-50. How you negotiate with your spouse and what kind of agreement you can reach will determine how it’s handled. You can agree to buy out your spouse’s share of the house, trade the home for another asset, or accept more of the debt of the marriage in return for keeping the home. You can also sell the home and split the profit or loss, or agree to sell the home at a later date.
Q: What do we do about retirement accounts?
You and your spouse must decide how you want to divide the marital portion of any retirement account, which can be a pension plan, 401 (k), IRA, or other such account. Contact your plan administrator for guidance on splitting these types of accounts. For retirement accounts, you may have to use a QDRO, or Qualified Domestic Relations Order.
Q: What if I want to file for bankruptcy?
If one spouse is considering bankruptcy with large amounts of marital debt, the other spouse will be affected. Therefore, your spouse should be notified and given the opportunity to join in the bankruptcy proceedings.
Q: Can my wife have her maiden name back?
Getting a maiden name back is easy. We just include this provision on your Divorce Questionnaire and the Judge will allow it.
To get started with your uncontested divorce, go here.
No matter where you live in Massachusetts, we'll serve you.
Call (800) 910-DIVORCE, or contact us online.