Contested & Uncontested Divorce

Practice Areas

Contested & Uncontested Divorce in Massachusetts

Every divorce is different, and the path it takes depends largely on whether you and your spouse can agree on the terms. At Hera Law Group, we guide clients throughout Massachusetts through both contested and uncontested divorces, helping them understand their options and choose the approach that best protects their interests and their family.

Uncontested Divorce in Massachusetts

An uncontested divorce, often filed under a 1A petition, happens when both spouses agree on all major issues — property division, alimony, child custody, and support — and jointly file for divorce based on an irretrievable breakdown of the marriage. Because both parties submit a signed separation agreement along with the petition, 1A divorces are typically faster, less expensive, and less stressful than contested cases. Even when spouses are in agreement, it’s important to have the separation agreement reviewed by an attorney to make sure it’s fair, complete, and enforceable.

Contested Divorce in Massachusetts

A contested divorce, often filed under a 1B petition, occurs when spouses cannot agree on one or more key issues. In these cases, one spouse files the complaint and the other must be formally served, and the case proceeds through the court system — potentially involving discovery, negotiation, mediation, or litigation — until the disputed issues are resolved. Massachusetts also recognizes fault-based grounds for divorce, such as adultery or cruel and abusive treatment, though most divorces proceed on the no-fault ground of irretrievable breakdown of the marriage.

Common Issues That Arise in a Divorce

  • Division of marital property and debts
  • Alimony and spousal support
  • Child custody and parenting time
  • Child support
  • Health insurance and tax considerations

Which Path Is Right for You?

Not every divorce fits neatly into one category. Some couples start out in agreement and later encounter disputes, while others begin contested and are able to resolve their differences through negotiation or mediation before trial. Understanding your options early can help you approach the process strategically, whether that means working toward a swift, cooperative resolution or preparing to advocate for your interests in court.

Contact Us to Get Started

At Hera Law, we understand that hiring an attorney is a big decision. We welcome you to call us for a free initial 15-minute phone consultation to discuss your situation.

Call 978.637.2048 or email office@heralawgroup.com to schedule your consultation today.

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