Legal Question in Family Law in Massachusetts
uncontested divorce
can I file for a divorce in Mass simply by filling out a marital settlement agreement and petition for divorce if it is uncontested and we have no children? We are in agreement on how we wish to split assets and we can not afford an attorney
2 Answers from Attorneys
Re: uncontested divorce
You can file a joint petition for divorce and submit with it a separation agreement. You will still have to meet with the Judge and wait the relevant time periods, but yes you can do it yourself.
Without knowing more about your situation and assuming there are no real assets involved or in dispute you can do this. However, I caution that you need to make sure that you have covered all issues including any loans or other obligations that you are both responsible to pay. Your agreement will not be binding on 3rd party debtors who have claims against both of you.
Re: uncontested divorce
Yes. The Agreement is subject to thre court's approval; you may be asked to make changes or clarifications before it is approved.