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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111538
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Want to get an uncontested divorce in mass. i am resident

Customer Question

want to get an uncontested divorce in mass. i am resident wife is not, but was at one time. what is the length of time from filing to actual court date to finalize the divorce? do you have an idea of the cost to have an attorney handle an uncontested divorce?
Submitted: 12 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
As long as one of the parties to the divorce are residents of MA, you can file your divorce in MA. If both are cooperating in the divorce complaint, you can file a joint petition for divorce (http://www.mass.gov/courts/docs/forms/probate-and-family/cjd101a.pdf). You also have to file a financial statement to disclose and divide any marital property. the forms can be found at http://www.mass.gov/courts/forms/pfc/pfc-forms-gen.html#4
You also file a joint affidavit of irretrievable breakdown: http://www.mass.gov/courts/docs/courts-and-judges/courts/probate-and-family-court/upc/documents/affidirretrievablebreakdown.pdf
You need to attach a certified copy of your marriage certificate.
You would also need to file a report of absolute divorce: http://www.mass.gov/courts/docs/forms/probate-and-family/r408.pdf
when the divorce is granted.
If there are any children or child/spousal support issues, then the case could get a bit more complex and you need to file child support forms as well which are also on the state site I provided above.
An attorney to handle an uncontested divorce where all parties cooperate would be about $500-$1000, depending on the attorney.
Your spouse needs to file a waiver of attendance at the hearing. The soonest the uncontested divorce can be final is 120 days from the entry of the final order (meaning you have to wait 120 days from the court issuing an order of divorce before you can remarry).