Quincy Divorce Lawyer

In Massachusetts, you can either file for a contested or uncontested divorce. It is important to note that whether you file for a contested or uncontested divorce, an automatic restraining order applies to both parties, which prohibits either spouse from engaging in any activity that would affect the financial status of either or both spouses. It is vital to plan before you file!

The Quincy divorce attorneys of Sweeney and Associates, LLC are well versed in Massachusetts family law. Our firm can answer your questions and help you resolve your case as favorably as possible.

Are you going through a divorce in MA? Call our divorce attorney in Quincy at (617) 300-0212 to start discussing your case.

Uncontested Divorce Services

Uncontested divorces are governed by G.L. c.208, Section 1A. An uncontested divorce based on an irretrievable breakdown of the marriage is filed when both parties agree they want to divorce. The document filed is called a Joint Petition for Divorce. If you are filing for an uncontested divorce, the following must be submitted:

• Joint Petition for Divorce
• Notarized Separation Agreement
• Affidavit of Irretrievable Breakdown (signed by both parties)
• R-408 — Certificate of Absolute Divorce or Annulment Statistical Information
• Certified Copy of Civil Marriage Certificate
• Financial Form: Long-form if you earn more than $75,000; Short form if you make less than $75,000
• Affidavit of Care and Custody (if you have children with the former spouse)
• Child Support Guidelines Worksheet (if you and spouse have children}
• Participate in a Parent Education Program (if you have child(ren) with the spouse you are divorcing)

The Hearing Notice

After all the documents for an uncontested divorce are filed, the parties will receive a hearing notice. The parties will appear in court that day, and the judge will conduct a colloquy of the parties. The judge will ensure that the parties have read the Separation Agreement, have had the opportunity to consult with counsel if they wish, and make sure that they are entering the agreement of their own free will.

The court's role in this type of hearing is to ensure that the separation agreement is under Massachusetts laws. For example, if there are children of the marriage, the parties cannot waive the right to pay or receive child support. This type of hearing is swift and usually lasts only five minutes. The key to making this successful is proper preparation with a skilled Quincy divorce attorney who can anticipate your needs and ensure that all aspects of the divorce are covered in a way that protects you. There is no substitute for knowledge and experience.

The Role of Probate and Family Court

The goal of the Probate and Family Court is to have the parties work out their Separation Agreement. The Separation Agreement typically governs several issues related to the separation of two parties, including, but not limited to:

• The division of assets
• Legal and physical custody of any children
• Parenting time with the children
• Child support
• Alimony
• Health insurance
• Marital debt
• Tax issues

Just as we do here at Sweeney & Associates, LLC, the court believes that the best outcome is when two parties can fully agree on a settlement. When both parties can agree on child custody, parenting time, child support, or the division of assets, the parties are more likely to communicate effectively moving forward.

Whenever children are involved, both parties must be able to communicate even after they are divorced. At Sweeney & Associates, LLC, our Quincy divorce lawyers will prepare all the divorce paperwork, including the Separation Agreement, and attend the uncontested divorce hearing with you as we guide you through the process.