The difference between a contested divorce and an uncontested divorce in Massachusetts ultimately comes down to whether you and your spouse agree on the key issues.
In a contested divorce, one spouse files a complaint asking the court to end the marriage, and the other spouse either disagrees with the divorce itself or disputes one or more of the terms — such as child custody, child support, alimony, or property division. Because there’s no full agreement, the case moves through the court process: discovery, motions, pretrial hearings, and possibly a trial where a judge decides the unresolved issues. Contested divorces tend to take longer, cost more, and involve more court appearances.
In an uncontested divorce — sometimes called a “joint petition for divorce” or a 1A divorce in Massachusetts — both parties agree that the marriage has broken down and have already worked out all the details of their separation in a written separation agreement. This agreement covers everything from finances to parenting plans. The process is usually faster, less expensive, and more private because it doesn’t require a trial.
In short, a contested divorce asks the court to decide the disputed issues, while an uncontested divorce asks the court to approve the terms you and your spouse have already settled on.