Andover Law Office Robyn A. Briatico Serving Essex & Middlesex County 300 Brickston Square Suite 201 Andover,MA 01810 Ph: (617) 387-6800
Burlington Law Office Robyn A. Briatico Serving Middlesex County 15 New England Executive Park Burlington, MA 01803 Ph: (617) 387-6800
Melrose Law Office Robyn A. Briatico Serving Middlesex County 2 Banks Place Melrose, MA 02176 Ph: (617) 387-6800
Everett Law Office Robyn A. Briatico Serving Middlesex Serving Suffolk County 1725 Revere Beach Parkway Everett, MA 02149 Ph: (617) 387-6800
Conveniently located on RT16 just east of 93 approximately 3 miles from Boston 02109 and 10 miles from Woburn. Parking is always free!
Massachusetts Uncontested Divorce Attorney
If you and your spouse agree to cooperate and come to an agreement on all financial and divorce related issues without the courts help, it will be possible with the help of Boston attorney Robyn A. Briatico to obtain in Massachusetts a fast, affordable, low cost, cheap and inexpensive uncontested divorce.
If we are retained by you to help you obtain an uncontested no fault divorce, we will at the minimum draft up to a 30 page separation agreement that is consistent with Massachusetts laws that addresses at the minimum alimony (spousal support), division of martial property, assets, and debt. For those with children, the separation agreement will address child support, child custody, and include a parenting plan.
Unlike a MA contested divorce in which legal fees can range from $10,000 to $40,000 or more, you can expect to pay a flat fee of $2,000 + all court filing fees if you qualify for our Basic Fast Track Uncontested No Fault Divorce. There will be an additional charge of approximately $750 if we have to hire a pension expert to valuate your retirement benefits and draft a QDRO (Qualified Domestic Relations Order) that directs your company as to how retirement assets are to be divided.
Once you and your spouse come to an agreement on all issues and the separation agreement is signed by both parties, we can request a court date to get you divorced. At the final hearing, we will have one of our attorneys present with all the necessary paper work required to get you legally divorced.
Under Mass law, all property and assets acquired or accumulated by a husband or wife during the course of marriage regardless of how it was titled is considered marital property and subject to a fair an equitable division. This includes stock options and all retirement and defined pension plan assets including but not limited to 401K, Self Employed 401K, 403, 457, IRA, SEP-IRA, Roth IRA, SARSEP, Profit Sharing, Defined Benefits, and Money Purchase Plans.
What are the qualifications to be eligible for theBasic Fast Track Uncontested No Fault Divorceprogram?
In order to be eligible for the Basic Fast Track Uncontested No Fault Divorce program, you and your spouse should be in a short term marriage (generally less than 7 years) with no children, spousal support or alimony issues, and no property or assets to be divided other than what has already been divided by agreement.
What legal services is included in the Basic Fast Track Uncontested No Fault Divorce program?
We will prepare all necessary paperwork that is needed to legally get you divorced. This includes spending up to 3 hours with Robyn A. Briatico or any one of her affiliates to draft up to a 30 page custom separation agreement that is consistent with Mass divorce laws and a financial statement. To keep legal fees to a minimum, it will be your responsibility to negotiate with your spouse and reach agreement on all important issues pertaining to your divorce and the terms contained in our separation agreement.
If after your negotiations with your spouse you have to make changes to the original separation agreement , we will make the appropriate changes to the agreement at no additional cost to you. If you and your spouse still can't reach an agreement on the modified separation agreement, we will have to bill you for any additional modifications at a rate of $300/hr.
Once you and your spouse come to an agreement on all issues and the separation agreement is signed by both parties, we can request a court date to get you divorced. At your final hearing, attorney Robyn A. Briatico or any one of her affiliates will be present with the necessary paper work required to get you legally divorced.
Any additional legal consultation beyond what is included with our Basic Fast Track Uncontested No Fault Divorce program will be billed at a flat rate of $250/hr.
Why can't an attorney represent both spouses ( husband and wife ) in an uncontested No Fault divorce? Under no circumstance will we represent both spouses in an uncontested no fault divorce.
There are ethical principles that precludes us from providing legal representation to both the husband and the wife in either a contested or uncontested no fault divorce.
If your spouse wants to be represented by legal council during the uncontested no fault divorce process, he or she is welcome to hire one for an additional fee.
It's important to remember that your legal fees are kept to a minimum in the Basic Fast Track Uncontested No Fault Divorce program because you agree to negotiate the terms of the agreement with your husband or wife on all important issues pertaining to your separation agreement. We are able to keep your legal fees for an uncontested no fault divorce to a minimum if there are no children, alimony or spousal support required, or any property or assets that must be divided. Can you still pursue an uncontested no fault divorce if you are in a medium (mid) or long term marriage with children and significant marital assets?
Answer: Yes! As long as both husband and wife come to a mutual agreement that is fair and reasonable on all important issues pertaining to your separation agreement including, child support, spousal support and division of assets and liabilities, we will be able to pursue an uncontested no fault divorce.
How much does a complex uncontested no fault divorce involving children, alimony, business, inheritance, or significant martial or retirement assets costs? We have the opinion that divorces involving children, custody, alimony, business, inheritance, and significant marital assets tend to be much more complex in nature with more issues and terms of the divorce likely to be contested by either side during the process. To ensure that your divorce moves along as quickly as possible through the courts, we will file for a contested divorce with the option to modify it at a later date to an uncontested no fault divorce when all important issues and terms of the divorce have been agreed to by both parties.
We offer a Basic Family Fast Track Uncontested No Fault Divorce program for those families with children, marital home, savings and retirement assets valued under $250,000. We provide the same exact services of the Basic Fast Track Uncontested No Fault Divorceprogram plus a custom tailored parenting plan and the Qualified Domestic Relations Order (QDRO) of all retirement assets. Our legal fees for this option is a flat fee of $3,500 + all court filing fees and service of process fees (approximately $300 or more). To qualify for this program, you must be in a short or mid-term marriage with children and both husband and wife must agree not to contest child support, custody, alimony (or spousal support) or asset and liability division.
For more complex uncontested no fault divorces that have significant marital and retirement assets, stock options, property, self employed income and business property assets, our fees will likely be higher as more work will be required. Call uncontested no fault divorce lawyer Robyn A. Briatico at 617-387-6800 to obtain an estimate on the legal fees needed to handle your specific case.
What happens to legal fees if my spouse and I can't agree on all issues and terms of the divorce including the separation agreement?
If you and your spouse are unable to come to an agreement on all issues and terms of the divorce, we will be left with no alternative but to pursue a contested divorce. When you pursue a contested divorce, we will require an additional retainer ranging from $5,000 to $10,000 or more depending on the complexity of your divorce case and the resources needed to protect your interest. We will apply any retainer or legal fees that you paid us to date towards the contested divorce. ______________________________________________________________
We hope you find the following material both educational and useful as you learn more about the differences of contested versus uncontested no fault divorce. What is an uncontested no fault divorce and who should pursue it? An uncontested no fault divorce is a divorce where the parties come to an agreement without the courts help on all issues and terms of a divorce such as custody, child support, visitation, spousal support or alimony, and the division of marital assets and debts. Because this type of divorce is one of cooperation and compromise, the parties work together and keep legal fees to a minimum.
What adds to the cost of a getting a contested divorce? There are often numerous expenses associated with a contested divorce that might not be so obvious especially to someone who is unfamiliar with the divorce process. These expenses include but are not limited to the following:
legal fees to draft various motions during the course of the contested divorce including child support, spousal support, visitation, custody, and how expenses will be paid during the divorce.
legal fees to draft a separation agreement and modify it as necessary
legal fees to draft an application for restraining order in cases of abuse
legal fees to prepare pre-trial memorandum
legal fees for the preparation of a deposition
Experts in various fields to assists with property, asset, and business valuations.
Contested Divorce A contested divorce is a divorce where the parties are unable to come to an agreement on all issues and terms of the divorce. In a contested divorce, the parties must rely on the court to rule on areas of disagreement. In most cases contested divorces are often very costly to litigate.
Self Employed Challenges in Contested Divorce Self Employed business owners present unique challenges to divorce lawyers especially when their business has a significant cash component that can substantially affect their child support and alimony (spousal support) obligations if this income is unreported. In these types of high net worth divorce cases, we are left with no alternative but to hire forensic accountants ( CPA ) and business appraisers to obtain a better picture of their assets and income for the purpose of determining child support, alimony, and division of property.
How do you determine whether to file in for an uncontested or contested divorce?
There are many reasons one might file for a contested divorce. Here are a few examples of situations that might warrant the filing of a contested divorce.
An unreasonable spouse that has unacceptable demands or is unwilling to negotiate or compromise.
Victims of domestic violence
Questionable business and property valuations
Self employed spouse that is underreporting his or her income, assets, or both for the purpose of child support and alimony calculations.
Inherited trusts during the marriage
High net worth estate
Complicated legal issues
Alimony (Spousal Support)
What is the procedure to file for an uncontested no fault divorce? The following procedure is what you can expect when filing for an uncontested no fault divorce:
Filing fee (Generally around $215)
A joint petition for a divorce
An R-408 form "Certificate of Absolute Divorce or Annalment"
A certified copy of your marriage certificate
An affidavit from both parties attesting to irretrievable breakdown of marriage
A separation agreement, signed by both parties with each signature notarized. This must address the issues of marital property and proper provisions for alimony if warranted.
Financial statements must be completed and signed by both parties.
Complete worksheet for child support guidelines if there are minor children of the marriage.
Affidavit disclosing care or custody of a child, if there are any minor children of a marriage.
Both parties must attend a Parent Education Program and file with the court your parent education certificate.
Trial request form
Other form if appropriate.
_____________________________________ To discuss your specific situation and whether filing for an uncontested no fault divorce is right for you, we encourage you to call us at 617-387-6800 or complete and submit the Uncontested Contact Formto schedule your free 20 minute phone consult to discuss the specifics of your case and how we can help. We have offices conveniently located in Andover, Burlington, Everett, Melrose, and Quincy to better serve clients that reside in Middlesex County, Essex County, Suffolk County, Norfolk County, Plymouth County, and Bristol County.
In addition to uncontested no fault divorces, our lawyers and attorneys can handle all types of family law matters including Divorce, Adoption, Guardianship, Rogers Guardianship, Paternity, Health Care Proxy, Basic Wills and Trusts, Child Support Modification, Alimony Modification, Visitation Modification, Separation Agreements, and Prenuptial Agreements.
In Middlesex County, Robyn A. Briatico can provide you with legal representation if retained to help you complete the necessary paperwork to allow you to file for an uncontested no fault divorce if you live in Acton MA, Arlington MA, Ashby MA, Ashland MA, Ayer MA, Bedford MA, Belmont MA, Billerica MA, Boxborough MA, Burlington MA, Cambridge MA, Carlisle MA, Chelmsford MA, Concord MA, Dracut MA, Everett MA, and Framingham MA. They can also handle Prenuptial Agreements in Groton MA, Holliston MA, Hopkinton MA, Hudson MA, Lexington MA, Lincoln MA, Littleton MA, Lowell MA, Malden MA, Marlborough MA, Maynard MA, Medford MA, Melrose MA, Natick MA, Newton MA, North Reading MA, Reading MA, Pepperell MA, and Reading MA. She can also work with you if you live in Sherborn MA, Shirley MA, Somerville MA, Stoneham MA, Stow MA, Sudbury MA, Tewksbury MA, Townsend MA,Tyngsborough MA, Wakefield MA, Waltham MA, Watertown MA, Wayland MA, Westford MA, Weston MA, Wilmington MA, Winchester MA, or Woburn MA.
In Suffolk County, Robyn A. Briatico can provide you with legal representation if retained to help you complete the necessary paperwork to allow you to file for an uncontested no fault divorce if you live in Boston MA, Back Bay MA, Beacon Hill MA, Revere MA, Cambridge MA, Winthrop MA, or Chelsea MA,.
In Essex County, Robyn A. Briatico can provide you with legal representation if retained to help you complete the necessary paperwork to allow you to file for an uncontested no fault divorce if you live in Amesbury MA, Andover MA, Beverly MA, Boxford MA, Danvers MA, Essex MA, Georgetown MA, Gloucester MA, Groveland MA, Hamilton MA, Haverhill MA, and Ipswich MA. They can also handle North Andover MA, Peabody MA, Rockport MA, Rowley MA, Salem MA, Salisbury MA, Saugus MA, Swampscott MA, Topsfield MA, Wenham MA, and West Newbury MA. She can also work with you if you live in Lawrence MA, Lynn MA, Lynnfield MA, Manchester by the Sea MA, Marblehead MA, Merrimac MA, Methuen MA, Middleton Nahant MA, Newbury MA, and Newburyport MA.
In Norfolk County, Robyn A. Briatico and her affiliates can provide you with legal representation if retained to help you complete the necessary paperwork to allow you to file for an uncontested no fault divorce if you live in Avon MA, Bellingham MA, Braintree MA, Brookline MA, Canton MA, Chestnut Hill MA, Cohassett MA, Dedham MA, Dover MA, Foxborough MA, Franklin MA, Holbrook MA, Medfield MA, Medway MA, Millis MA, Milton MA, Needham MA, Norfolk MA, Norwood MA, Plainville MA, and Quincy MA. They can also work with you if you live in Randolph MA, Sharon MA, Stoughton MA, Walpole MA, Wellesley MA, Westwood MA, Weymouth MA, or Wrentham MA.
In Plymouth County, Joseph M. Lally can provide you with legal representation if retained to help you complete the necessary paperwork to allow you to file for an uncontested no fault divorce if you live in Abington MA, Bridgewater MA, Brockton MA, Carver MA, Duxbury MA, Halifax MA, Hanover MA, Hanson MA, Hingham MA, Hull MA, Kingston MA, Lakeville MA, Marion MA, Marshfield MA, Mattapoisett MA, Middleboro MA, Norwell MA, and Pembrooke MA. He can also work with you if you live in Plymouth MA, Plympton MA, Rochester MA, Rockland MA, Scituate MA, Wareham MA, West Bridgewater MA, Whitman MA, or Eastbridgewater MA.
In Bristol County, Joseph M. Lally can provide you with legal representation if retained to help you complete the necessary paperwork to allow you to file for an uncontested no fault divorce if you live in Acushnet MA, Attleboro MA, Berkley MA, Dartmouth MA, Dighton MA, Easton MA, Fairhaven MA, Fall River MA, Freetown MA, Mansfield MA, North Attleborough MA, Norton MA, Rynham MA, Rehoboth MA, Seekonk MA, Somerset MA, Swansea MA, or Westport MA.
In Worcester County, Michelle R. Moucharite can provide legal representation if retained to help you complete the necessary paperwork to allow you to file for an uncontested no fault divorce if you live in Ashburnham MA, Athol MA, Auburn MA, Barre MA, Berlin MA, Blackstone MA, Bolton MA, Boylston MA, Brookfield MA, Charlton MA, Clinton MA, Douglas MA, Dudley MA, East Brookfield MA, Fitchburg MA, Gardner MA, Grafton MA, Hardwick MA, Harvard MA, Holden MA, Hopedale MA, Hubbardston MA, Lancaster MA, Leicester MA, Leominster MA, Lunenburg MA, Mendon MA, Milford MA, Millbury MA, and Millville MA. We can also represent you in an uncontested divorce if you live in New Braintree MA, North Brookfield MA, Northborough MA, Northbridge MA, Oakham MA, Oxford MA, Paxton MA, Petersham MA, Phillipston MA, Princeton MA, Royalston MA, Rutland MA, Shrewsbury MA, Southborough MA, Southbridge MA, Spencer MA, Sterling MA, Sturbridge MA, Sutton MA, Templeton MA, Upton MA, Uxbridge MA, Warren MA, Webster MA, West Boylston MA, West Brookfield MA, Westborough MA, Westminster MA, Winchendon MA, and Worcester MA.