Criminal Defense and Family Law Attorney in Plymouth

JOINT PETITION DIVORCES 

Uncontested Divorce

Attorney Tamari Kovach is experienced representing clients when getting a “joint” or “uncontested divorce” (also known as a “1A” Joint Petition). She can provide you with the guidance and assistance to see that this goal is achieved in an amicable, cost-effective, and efficient manner.

Attorney Kovach is skilled at tactfully drafting settlement agreements which address complex asset and retirement benefit division, child custody, parenting plans, and alimony.  Once settlement terms have been reached and the parties have an agreement in hand, the other necessary documents can be quickly drafted to get your divorce petition filed.  

What you need to know about the uncontested divorce process.

  • It is important to know before beginning this process that an attorney cannot represent both parties in any stage of the uncontested divorce.
  • Each party does not need to be represented by counsel however it is a good idea to have an experienced attorney assist you in the process, especially when it comes to drafting the separation agreement.
  • If you have children you may need to attend a parent education class before the Court will issue you a court date, even if all the other documents have been properly filed with the Court.
  • Both spouses will need to attend the divorce hearing unless the Court has previously waived someone’s appearance for the hearing.
  • At the hearing the judge will ask questions to determine if in fact an irretrievable breakdown of the marriage has occurred, and if the judge makes this finding and accepts the separation agreement an order of divorce is entered and a judgement nisi is automatically entered 30 days later.
  • You are not free to marry for 120 days from the date the order for approval of the separation agreement is entered.
  • A court-approved financial statement will need to be filed with the divorce packet filed with the Court.

What will you need to file to get an uncontested divorce.

An uncontested divorce requires that the following documents be submitted to the Court:

  1. A Joint Petition for Divorce;
  2. A certified copy of the marriage certificate;
  3. A joint affidavit where by the spouses attest that there is no chance of reconciliation;
  4. A court Financial Statement;
  5. A settlement agreement;
  6. Certificate of Absolute Divorce or Annulment, which records the action for the commonwealth;
  7. If there are minor children: (a) certificate of attendance of a court-mandated parenting class, (b) a child support guideline worksheet, and (c) an Affidavit Disclosing Care or Custody Proceedings;
  8. An income assignment worksheet (if necessary)
  9. A Request for trial–Pre-Trial Assignment, which will get you your court date.
  10. Call attorney Tamari Kovach for a free consultation