An Agreement in Principle
In Massachusetts, if a married couple seeks a divorce and the couple have come to an “agreement in principle” then they may obtain a Massachusetts uncontested divorce. In a Massachusetts uncontested divorce, unlike a contested divorce, the parties agree to the disposition of all assets and liabilities, as well as child support and alimony, when they file their Massachusetts divorce complaint. If any of these issues remain unresolved, then a Massachusetts contested divorce is warranted and the parties cannot file an uncontested Massachusetts divorce.
What is an “Agreement in Principle?”
An “agreement in principle” simply means that the parties have come to an agreement with respect to all the major issues of their divorce. This includes the division of both assets and liabilities, as well as agreements with respect to child support, child custody and alimony. If there are any disagreements on ANY of these issues, then the parties cannot obtain a Massachusetts uncontested divorce.
Retain An Attorney to Put the Verbal Agreement in Writing
The parties do not need to have anything in writing. The parties may retain an attorney to assist in drafting the party’s entire Separation Agreement. After the Massachusetts Divorce Agreement is put into writing, each party will have the opportunity to have the Separation Agreement reviewed by their own attorney, if desired.
No Attorneys Required, but it’s Helpful
However, there is no requirement that either party or both parties have counsel. It is necessary, however, that there is transparency, honesty, and that both parties understand exactly what they are agreeing to and signing. There is good faith from both parties in an uncontested Massachusetts Divorce.
It is suggested that at least one petitioner in a Massachusetts Uncontested Divorce obtain an attorney, as there is an enormous amount of paperwork to complete, and the process can be complicated for pro se litigants.
Attorney Anthony Rao has handled hundreds of Massachusetts Uncontested Divorces and is available at 617-953-0836 or via email at anthony@lawrao.com to discuss your questions regarding a Massachusetts Uncontesed Divorce. Our law firm provides flat-fee uncontested divorce packages for most Massachusetts uncontested divorces. Ask Attorney Rao how that works.