What is the right divorce process for me?

Typically, there are two paths to divorce. The first way is called a “1a divorce”. A 1a divorce is the more amicable route to divorce. For a 1a divorce, the parties work together behind-the-scenes to negotiate a settlement agreement with the help from their attorneys. 1a divorces are more private, usually less expensive, and are perfect for couples who are amicably divorcing. Nothing is filed until the parties come up with a fully agreed to and executed separation agreement. A full financial disclosure is still required of the parties and both parties will still need to appear in front of a judge to finalize their divorce.

The second option is called a “1b divorce”. A 1b divorce is a little more formal and structured. While some people think 1b divorces are only for contentious and argumentative parties, 1b divorces can be extremely helpful if one or both parties do better with structured processes and deadlines. If you had an amicable break-up with your spouse, but you know that one of you can be more forgetful or may need some extra hand-holding from an attorney, than the 1b route may be better for you.

There is a third, although much more rare, option. The above two options are called “no-fault” divorces. However, in Massachusetts you can file for an “at fault” divorce. “At fault” divorces can be granted in certain cases, such as: a prison sentence of 5 or more years, cruel and abusive treatment, desertion, and impotence.

If you want to learn more about your options, fill out the form below to schedule a free consultation with the attorney.