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What is a 1A divorce?

On Behalf of | Aug 25, 2023 | Divorce

In 2019, U.S. News and World Report stated Massachusetts had one of the lowest divorce rates in the nation at 6.4%. Despite this, many couples within the state still see their marriages end.

One of the options available for couples is the 1A divorce process. This approach, also known as an uncontested divorce, can provide a more streamlined and amicable path to dissolve a marriage.

1A divorce explained

In a 1A divorce, both partners must agree on fundamental aspects of the divorce, such as property division, child custody and financial arrangements. This mutual agreement can help expedite the proceedings and minimize conflicts. The main advantage of a 1A divorce is that it typically requires less time and resources compared to a contested divorce.

How the process works

The process of a 1A divorce starts with one spouse, known as the plaintiff, filing a joint petition for divorce with the court. This petition outlines the couple’s agreement on key issues. Note that a 1A divorce is only suitable if both spouses are on the same page regarding major decisions.

After filing the joint petition, the court will schedule a hearing where both spouses need to appear. The judge will assess whether the agreement is reasonable and in the best interests of any children involved.

Once the judge approves the agreement, he or she will grant a divorce nisi. This is a conditional divorce that becomes final after a waiting period of 90 days, but you cannot remarry for 120 days. During this time, either spouse can raise objections if they believe the agreement is no longer fair or includes misrepresentations.

To ensure the 1A divorce process goes smoothly, couples should communicate openly and honestly about their expectations and desires. It is also important to ensure all paperwork is in order before filing the petition.

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