Can I get a divorce without going to court in Massachusetts?

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Although divorce is never easy, it doesn’t always have to be costly and time-consuming, involving multiple court hearings and a trial. Fortunately, there are several ways that you and your spouse can avoid litigation. However, you must be willing to work together to resolve your disputed issues to come to a mutually agreed-upon divorce settlement agreement. There are alternative divorce routes that exist that can help you save time and money. However, they won’t work for everyone, so if a divorce is imminent, it is in your best interest to contact our trusted Bristol County Divorce Options Lawyers, who can help you consider the best divorce route that best suits your specific needs.Β 

Will I have to make court appearances in a contested and uncontested divorce in Massachusetts?

If you and your spouse cannot reach a mutual agreement on the terms that will apply to the termination of your marriage, you will likely have to pursue a contested divorce. In a traditional contested divorce, a judge will have full authority to make decisions regarding issues such as child custody, child support, spousal support, and the division of assets. Generally, a divorce trial should only take a few days to conclude. However, before your trial commences, you must attend multiple court hearings for interim issues, such as requests for temporary support and other similar matters. With a contested divorce, you need to go to court.

If you and your spouse can reach a mutual agreement on the terms that will apply to the termination of your marriage, you may pursue an uncontested divorce. Although an uncontested divorce is cheaper and often resolved quicker than contested divorces, you may be unable to avoid litigation altogether. In most cases, you must appear in court for your final hearing.

What alternative options can I pursue?

Fortunately, in today’s society, alternative divorce routes to contested and uncontested divorces allow you to end your marriage without going to court. Firstly, if you and your spouse cannot reach a mutual agreement on the terms that will apply to the termination of the marriage, but you are both willing to work together to find a resolution, you may turn to divorce mediation. Mediation involves sessions with an impartial third-party mediator to help you and your spouse resolve your disputed issues and come to a mutually agreed-upon divorce settlement agreement. By attending these sessions and compromising, you can dissolve your marriage through mediation without going to court.

Moreover, you can end your marriage without going to court by pursuing a collaborative divorce. In a collaborative divorce, you and your spouse will each have an attorney and participate in sessions to resolve contested issues. If a mutually agreed-upon divorce settlement agreement can be reached, you will never have to appear in court for hearings or a trial. It is critical to note that divorce mediation and collaborative divorces can fail if both parties are unwilling to work together to reach a mutual agreement. To successfully avoid going to court when ending your marriage, you must be willing to communicate and cooperate through these processes.

For more information on alternative divorce options, contact a knowledgeable lawyer from The Law Offices of Cynthia L. Hanley, P.C., who can help you navigate your legal options.