Divorce can be a prolonged, hard-fought legal process where one or both spouses are quite determined to win. This kind of divorce can take years to complete, which takes a heavy emotional toll on all parties involved. However, some couples prefer a quicker and simpler type of divorce. This is possible when both spouses agree on the terms of the divorce. Turco Legal P.C. divorce attorneys can represent your interests in an uncontested divorce. This type of divorce is also the least costly means to end your marriage.
What to Know When Filing for an Uncontested Divorce
If you and your spouse are planning to get a divorce, you need to resolve all the related issues such as property division, child custody, child support, and alimony. But you need to be honest with each other to make this happen, particularly in terms of your finances. You need to work out your issues fairly since this type of divorce is based on what you both agree upon. Also, if you have kids, you must prioritize their needs over yours.
Some divorcing couples can reach an agreement without court intervention while others work with a mediator. If there are unresolved issues that a judge must address, the divorce is considered contested. Custody and financial issues can be complex, so seek advice and guidance from an experienced divorce attorney.
Asset and Debt Division
In Massachusetts, what both spouses own is marital property, which must be divided equitably between them. Marital property can include houses, vehicles, collections, bank accounts, pensions, and retirement plans. It refers to any piece of property that a couple acquired during their marriage. Also, debs need to be split fairly and reasonably, which may not be 50/50. Marital assets can be owned by both spouses, sold of which proceeds are split, and awarded to a spouse.
Family law judges consider several factors when deciding how to distribute marital assets and debts. Couples can use these factors to negotiate a divorce agreement. However, the spouses can freely come up with a fair distribution that works for their specific needs and situation.
Custody Issues
You and your spouse must agree on child custody issues and work out a parenting plan. This plan should prioritize the children’s best interests, considering their age and needs. Also, it should address every aspect of the relationships of the parents with the child, encompassing the days of the week and the holidays the child spends with every parent. Also, the rights and responsibilities of the parents and the parent who claims the child as an income tax return exemption must be resolved.
Child Support and Alimony
The spousal support and amount in an uncontested divorce rely on every case’s circumstances. Family law judges take into account different factors that can help a couple negotiate an amount and decide whether this support continues indefinitely or stops following a certain amount of time.
Meanwhile, child support is awarded based on a mathematical formula that thinks about both parents’ income, child care costs, and health care costs of all parties. Judges should apply such guidelines unless the spouses have reached an agreement that offers the same level of protection for their child.
Taxes and Insurance
When you choose to get an uncontested divorce, you should understand its tax consequences. For instance, timing may be essential. You can jointly file a tax return while you are still married; however, the right to file this way stops in the year the divorce becomes final. Also, alimony carries tax consequences for every party.
In addition, your separation agreement must address health insurance. If your or your spouse has employer-sponsored insurance, the agreement can stipulate that the insurance plan covers both of you until the dependent spouse marries again.