Additional Information:  My husband and I will be separating and I met with a lawyer (initial consult)and told him that husband and I want a very amicable divorce as husband doesn’t want anything and we have no children but the lawyer wants him to submit financials for both myself and him. Husband will not have a lawyer. Can the divorce paperwork be submitted without his financials or mine for that matter? We really just want to make it simple as we have no joint accounts and we will do a quitclaim on the house to change back to me. Married 6 years and live in Massachusetts. What options do we have without getting lawyers involved or maybe the online divorce papers will suffice? Suggestions?

Answer:

I understand that you want things to be simple. It is a requirement of the court process to file financial statements with the court paperwork and agreement for a Joint Petition for divorce, which is the simplest and fastest way to obtain an uncontested divorce. By giving the attorney the financial statements now, it will make it easier for him/her to prepare the agreement addressing the assets that you have. You will sign an agreement based on the fact that you have each disclosed and understand the assets of the other, otherwise the agreement would not be valid. There may be assets that one has that the other is not aware of. It sounds as if this attorney would be representing you and your husband would be unrepresented. Another way to deal with this situation is to use an experienced divorce mediator. That way both you and your husband can meet with the mediator together, get the same information together, and go through the process together, without one of you feeling that maybe there are issues that you weren’t aware of. An experienced and certified divorce mediator who is also an attorney would be able to give you all the legal information that you would need, prepare the divorce agreement and assist you with the court process.