回複：issue before discuss about the dying marriage

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Uncontested Divorce

An uncontested divorce can be based on either no-fault or fault grounds. The fault ground will usually be "cruel and abusive treatment." The advantage to using a fault divorce ground is that the procedure is faster. The disadvantage is that you need to tell the judge about your spouse's "cruel and abusive treatment." The no-fault procedure takes longer, but you may prefer the delay over talking about your problems in court. In this chapter we first discuss the uncontested no-fault divorce, then explain the differences involved in a fault divorce.

Uncontested No-Fault Divorce

Preparing Documents

For an uncontested no-fault divorce (commonly known as a "One-A" divorce, as it is based on provisions found in section 1A of Chapter 208 of the Massachusetts General Laws), you need the following documents:


Certified copy of your marriage certificate with a raised seal.

Joint Petition for Divorce Under M.G.L. Ch. 208, Sec. 1A, signed by you and your spouse or your attorneys.

Joint Affidavit Under M.G.L. Ch. 208, Sec 1A, signed by both parties and notarized.

Financial Statement for you printed on pink paper, sometimes called "Form 401," currently dated and signed by you.

Your spouse's Financial Statement, also on the pink Form 401, currently dated and signed by your spouse.

Affidavit Disclosing Care or Custody Proceedings, if you have children under 18, signed by your or your spouse. Obtain this form from the court clerk.

Child Support Guidelines Worksheet, if you have dependent children under the age of 23.

Settlement/Separation Agreement, signed by you and your spouse.

Income Assignment Worksheet.

Request for Trial -- Pre-Trial Assignment, signed by your or your spouse, or your attorney.

Certificate of Absolute Divorce or Annulment.

Bank check or money order in the amount of $110 (no personal checks), made payable to the Register of the appropriate count Probate and Family Court (for example: "Register of Essex County Probate and Family Court:). If you cannot afford to pay the filing fee, see Chapter 3.
Sample completed forms and instructions for completing the forms are provided in Appendix B. Blank forms are provided in Appendix C. Note that many of these are standard forms, which means they can also be obtained form the court at no cost.

Filing Documents

Upon completion of the required documents listed above, file the papers in person or by mail at the appropriate county divorce court. See the selection of "filing Your Forms" in Chapter 3 for more information about how and where to file your papers.

After you file all of the papers, including your Request for Trial -- Pre-Trial Assignment, the court will schedule your case for a hearing within four to eight weeks, depending on the county. You and your spouse will receive written notice approximately two weeks in advance of the hearing, telling the time, date, and place of your hearing.

Your Court Appearance

Both you and your spouse should appear for the court hearing. Behave courteously to everyone, including your spouse, and dress in a business-like manner. For more information on courtroom etiquette, see the "Tips for the Courtroom" section in Chapter 6.

In some cases, one spouse is unavailable because of work or illness, and the court may excuse the presence of that party. The more prudent practice is for both parties to appear or to send an attorney for the absent part. The attorney, however, cannot testify or agree to any last minute changes to the Settlement/Separation Agreement that the court may want.

Many people are astonished that occasionally a court comes across an agreement it will not accept. For example, if the hu*****and gives the house to the wife in exchange for her agreement not to pursue him for child support, the court may refuse to accept the agreement because children are entitled to support form both parents and neither parent has the right to bargain away the children's support rights.

The judge usually reviews all of your divorce papers in the courtroom while you and your spouse stand in front of him or her. If the wife has a lawyer, judges usually request the wife's lawyer to "examine" the witness under oath, that is, to pose questions to the wife about the marriage, all of which may be answered by referring to the information in the first four paragraphs of the joint petition. Some judges insist that the party whose name appears first on the petition answer the basic questions.

The oral examination of the wife or hu*****and is conducted by one party's attorney (unless you both appear pro se, in which case the judge will ask all the questions), and is based on the information that appears on your joint petition. The following are examples for the questions to be asked:


"Please state your name."

"State your address."

"Are you married to the co-petitioner John/Jane Doe?"

"Does John/Jane Doe reside at _________?"

"When were you married to John/Jane Doe?"

"Where were you married?"

"When did you last live together?"

"Where did you last live together?"

"Are there any minor children?"

"What are the children's names and dates of birth?"

"Do you believe your marriage is irretrievably broken?"

"Is there no chance of reconciliation?"

"Have you entered into a settlement agreement?"
If a lawyer is asking these questions, some judges then take over the questioning and ask both parties the following types of questions:


"Have you executed a separation agreement?"

"Have you read it?"

"Do you understand it?"

"Do you believe that it is fair and reasonable?"

"Did you sign it voluntarily?"
The judge may also ask the attorney to summarize the terms of the agreement. If both parties appear without an attorney, the judge may ask you or your spouse questions about your marriage, and questions such as:


"Did you divide the property?"

"Who gets the house?"

"How much child support and/or alimony is to be paid?"

"Who provides medical insurance?"

"What are the child custody arrangements?"

"Does the agreement survive or merge with the judgment?" (This is a highly technical way of asking whether your agreement is more or less difficult to modify by future court order. Surviving agreements are more difficult to change by court order than merging agreements. Courts sometimes allow certain parts of the agreement to survive and other parts to merge. Generally speaking, property divisions survive. Child-related issues should merge. You may decide, however, whether alimony provisions survive or merge. An illustrative reply: "Our agreement survives, except for alimony, your Honor." Alternatively, "The entire agreement merges" or The entire agreement survives." The distinction between surviving and merging agreements is irrelevant, if you and your former spouse agree on future changes.)
The judge will ask women whether they wish to resume using their maiden or former married name, since divorce judges have the authority to allow resumption of the former name as part of the divorce proceedings. Even if you did not check off the box on your divorce petition requesting the use of your former name, you may file a Motion to Amend Complaint that day and change your name officially. To complete the Motion to Amend Complaint: Fill in the case style according to the instructions in Chapter 3, check the first box after the paragraph beginning "Now comes the plaintiff...," check the first box after the paragraph beginning "Wherefore" and type in the name you want, and complete the date, signature name, address, and telephone information called for at the bottom of the form. You are allowed to use any name without a court order, so long as you do not intend to defraud a creditor, but to avoid problems, obtain copies of the order form the court to give to various agencies such as the social security administration.

At the hearing, the court will enter a written order, approve your settlement agreement, and find that there is an "irretrievable breakdown" of you marriage. The court will send you or your lawyer a copy of the judge's order and findings - but you are not divorced yet.

Waiting for Your Final Divorce Judgment

As previously explained, you must wait 120 days for a final divorce judgment in an uncontested no-fault divorce case (90 days in all other cases). You are not required to return to court or take any further action because the court will enter the final judgment automatically on the 121st day (assuming it is a business day) following your divorce hearing. The court will not send you a copy of the final judgment unless you send a letter requesting a certified copy to the "Copy Department" of the county Probate and Family Court, along with a bank check or money order in the amount of $10 made payable to the Register of the appropriate county Probate and Family Court. Enclose a self-addressed stamped envelope and refer to your case by its official name (e.g. Mary Doe v. John Doe), and docket number. Massachusetts, like most states, does not require a written divorce judgment upon application for a marriage certificate, but most people want copies in their possession for future reference.

Uncontested Fault Divorce

If you decided to use the fault ground for divorce, you will need to prepare the following documents:


Certified copy of your marriage certificate with a raised seal.

Complaint for Divorce, signed by you or your attorney.

Domestic Relations Summons, with your spouse's acceptance of service or sheriff's return of service. Obtain this form from the court clerk.

Answer and Counterclaim, signed by your spouse before a notary (optional).

Your Financial Statement, printed on pink paper, sometimes called Form 401, currently dated and signed by you.

Your spouse's Financial Statement, also on the pink Form 401, currently dated and signed by your spouse.

An Affidavit Disclosing Care or Custody Proceedings, if you have children under 18, signed by you or your spouse. Obtain this form from the court clerk.

Child Support Guidelines Worksheet, if you have dependent children under the age of 23.

Income Assignment Worksheet Form

Request for Trial -- Pre-Trial Assignment, signed by you or your spouse, or your attorney.

Certificate of Absolute Divorce or Annulment.

Bank check or money order in the amount of $111, made payable to the Register of the appropriate county Probate and Family Court (the additional $1 is for the Domestic Relations Summons). If you cannot afford the fees, see Chapter 3.
At the hearing, the court expects testimony from the plaintiff (the spouse who signed and filed the complaint for divorce). In almost every aspect, the testimony follows the format outlined under the no-fault divorce section above with the exception of your reason or ground for the divorce. After the preliminary questions about the parties, children, the date of the marriage, and when and where you last lived together the next question and response are:

Question: Directing your attention to the date you last lived together, please tell the court what happened to cause the break-up of the marriage.
Answer: We argued again. My spouse came home at 2:00 a.m. I had no idea where my spouse was. For weeks before the separation my spouse continued staying out late and would return home screaming curses, throwing things at me, and hitting me. I couldn't sleep and lost twenty pounds over a three week period just before we separated. I felt so bad I couldn't go to work or do my errands.

The court or a lawyer for one of the parties then resumes asking questions about the agreement as outlined in the preceding no-fault divorce section.

Summary

Uncontested divorces by definition leave nothing for the judge to resolve because you and your spouse have reached an agreement on all of the issues relating to your marriage and divorce. The judge's role is simply to determine the fairness of the agreement and whether you have stated a case for divorce. If the agreement is acceptable and you present sufficient facts to warrant a finding of divorce, the court enters the appropriate orders and judgment dissolving your marriage.

When you cannot agree, you may need judicial help and guidance in dealing with such matters as custody, visitation and finances as outlined in the next chapter on contested divorces, i.e., any divorce action without a signed settlement agreement.


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(ps:老貓這幾週將會很忙可能無暇詳細回答您的問題，如果您有進一步的問題，老貓會建議您參考這本書 (上麵的文章就是出自這本書)
How to File for Divorce in Massachusetts with Forms
by
Sharyn T. Sooho and Steven L. Fuchs

或是諮詢律師。

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