Couples filing an uncontested joint petition file along with it a separation agreement detailing the understanding between the parties as to child custody issues and property division. The division of responsibility for liabilities occurred during marriage is usually provided for in this agreement. Couples in a contested case would want to the extent possible to avoid litigation over responsibility for marital debts and thereby at least save themselves some amount of attorney fees in their case. It is advisable for couples contemplating an uncontested divorce who have liabilities to before divorce file a joint petition for bankruptcy to deal with their debts. However, couples who might wind up in litigation over child custody or other property division issues might want to reconcile prior to the commencement of divorce proceedings in order to discharge their marital debts.

As always, couples contemplating such scenarios are advised to seek the advice of divorce and family law as well as bankruptcy law counsel in their respective jurisdiction. In addition, the above scenarios are particular to Massachusetts Probate and Family Court actions for divorce.