In Massachusetts there are two ways to initiate the divorce process. The most common is what is called a contested divorce. Contested divorces are governed by Massachusetts General Laws ch. 208, §1B. The grounds for a §1B divorce are “irretrievable breakdown of the marriage.” Again, this is the most common ground for divorce because it is general and proving these grounds, should proof be necessary, is relatively easy. To begin the divorce process using §1B a Complaint for Divorce is required and must be filed with the appropriate Probate Court. The Complaint is then served on the other spouse. According the statute, a divorce initiated under §1B cannot be finalized in less than 6 months.
Uncontested divorces are governed by Massachusetts General Laws ch. 208, §1A. An uncontested divorce is still based on an irretrievable breakdown of the marriage however, as the name suggests, neither party is contesting the divorce. In addition to the Complaint for Divorce the parties must also file either separately or jointly a sworn Affidavit of Irretrievable Breakdown, and separation agreement. Uncontested divorces are the “fastest” option. The speed is because the parties must have come to the court with an agreement in hand whereas in a contested divorce the parties have not come to agreement.
There are a few important points to note. First, an uncontested divorce is not necessarily less contentious than a contested divorce. In some cases the parties may have fought just as much as a couple going through an uncontested divorce but did so between themselves first without the presence of attorneys or may have used attorneys to mediate an agreement before filing for divorce. Second, contested divorces don’t always mean trial. In fact, the end result of most contested divorces is a separation agreement that the parties — not a judge — have worked out. In this a contested and uncontested divorce are similar. Lastly, contested divorces not have to last a minimum of 6 months. If an agreement is reached before the 6 month period ends the statute allows for an exception or the parties may withdraw the contested complaint and re-file an uncontested complaint.
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