After a couple files a Joint Petition for Divorce in Massachusetts, the Probate and Family Court ordinarily schedules an uncontested divorce hearing. This is sometimes called a 1A divorce hearing.

For many people, this will be their first experience appearing before a judge. The idea of going to court can feel intimidating, even when both spouses have reached an agreement. An uncontested hearing, however, is different from a divorce trial.

The purpose is generally to allow the judge to review the paperwork, speak with the spouses, and determine whether the legal requirements for the divorce have been satisfied.

Is an Uncontested Divorce Hearing a Trial?

No. In an uncontested divorce, the spouses are not asking the judge to decide between competing positions.

They have already submitted a Separation Agreement addressing the issues that apply to their marriage. The judge reviews that agreement to determine whether it is complete and whether it appears fair and reasonable.

The hearing is not intended to renegotiate the agreement or resolve a new disagreement. If either spouse no longer agrees with an important provision, that issue should ordinarily be addressed before the hearing.

Will the Hearing Be In Person or Remote?

The hearing notice should state whether the appearance will be held at the courthouse or remotely. Procedures can vary among courts and individual sessions.

Massachusetts provides a current Trial Court guide to remote hearings. Anyone scheduled for a remote appearance should carefully review the court’s instructions, test the necessary technology, and join from a quiet and private place.

Do not assume that a hearing is remote simply because mediation meetings were conducted online. Follow the instructions provided directly by the court.

Preparing for an In-Person Hearing

People attending an in-person hearing should allow time to park, enter the building, and pass through courthouse security. The hearing notice will identify the court, date, time, and often the assigned session or courtroom.

It is sensible to bring:

The hearing notice
Government-issued identification
A copy of the Joint Petition
A copy of the signed Separation Agreement
Copies of filed financial statements
Copies of other documents submitted to the court
Any additional paperwork requested by the clerk or attorney

Court rules regarding phones, electronics, photographs, and prohibited items may vary. Courthouse staff or court officers can provide directions after arrival.

What Happens When the Case Is Called?

The spouses may be asked to check in with a clerk or court officer. They will then wait until the case is called.

When the hearing begins, the spouses are generally placed under oath. This means their answers must be truthful.

The judge may confirm basic information about the marriage and the paperwork, such as:

The identities of the spouses
The date and place of the marriage
Whether Massachusetts has authority to hear the case
Whether the marriage has irretrievably broken down
Whether both spouses want the divorce
Whether each spouse reviewed the agreement
Whether each spouse understands its terms
Whether the agreement was signed voluntarily
Whether the financial statements are accurate
Whether either spouse was pressured into signing
Whether the agreement addresses all necessary issues

Where children are involved, the judge may also ask questions about custody, parenting time, child support, health insurance, and whether the proposed arrangements are in the children’s best interests.

These are examples of general subjects rather than a guaranteed list of questions. Each judge may handle an uncontested hearing somewhat differently.

Why Does the Judge Review the Agreement?

A Separation Agreement can govern financial and family responsibilities long after the divorce is finalized. It may address the home, retirement benefits, support, parenting schedules, insurance, debts, taxes, and future obligations.

The court therefore does more than confirm that both spouses signed it. The judge must determine whether the agreement can properly become part of the divorce judgment.

Our frequently asked questions about uncontested divorce explain why an uncontested divorce involves more than completing standard forms.

Can the Judge Request Changes?

Yes. A judge may identify missing information, unclear language, inconsistent provisions, incomplete financial disclosures, or a parenting or support provision that needs clarification.

Possible outcomes include:

Approval of the agreement
Approval after minor corrections
A request for supplemental paperwork
A continuance to another date
A request that the parties revise part of the agreement
A decision not to approve the agreement in its present form

A delay does not necessarily mean the entire agreement has failed. It may mean the court needs a correction or more information before entering judgment.

What Happens After the Hearing?

If the judge approves the agreement and grants the divorce, the court enters a Judgment of Divorce Nisi.

“Nisi” means that the judgment has been entered but the divorce is not yet absolute or final. According to the Massachusetts court system’s information about finalizing a divorce, a 1A divorce generally becomes final 120 days after the judgment date.

The spouses remain legally married during this waiting period and cannot remarry until the divorce becomes absolute.

The parties should retain copies of the signed agreement, judgment, financial documents, and any later court notices. The agreement, once incorporated into or otherwise addressed by the judgment, may govern the parties’ continuing rights and responsibilities.

A Calm Ending to a Cooperative Process

An uncontested divorce hearing is usually the final court stage of a process in which the spouses have already done the difficult work of reaching an agreement.

Careful preparation can make the hearing more predictable. The agreement should be complete, the financial disclosures should be current, and both spouses should understand the terms before appearing before the judge.

Attorney Barbara S. Liftman helps couples prepare comprehensive agreements and divorce documents and guides them through the uncontested court process. Learn more about uncontested divorce with mediation or call (617) 586-5019

This article provides general educational information and is not legal advice. Hearing practices may vary by court and judge. Always follow the instructions contained in your official court notice.

What Happens at an Uncontested Divorce Hearing in Massachusetts?