An uncontested divorce is possible when both parties agree on all issues relating to the divorce, including child support, child custody, spousal support, and division of property. The [grounds for divorce and rules regarding residency] must still be met, and appropriate child support arrangements must be in place, even if the divorceis not contested.
If you have previously signed a Separation Agreement, dealing with all of the above issues, or if none of these issues apply in your particular case, then you will likely be able to proceed with an uncontested divorce.
If you and your spouse have reached agreements on the above matters, but you have not signed a Separation Agreement, then it may be possible to proceed with an uncontested divorce, incorporating the terms of your agreement into a Divorce Judgment. In many cases, however, a Separation Agreement may be more appropriate.
An RCMV Family Lawyer can advise you on whether an uncontested divorce is right for you and assist you with the process. Contact us today.
Here are some related FAQ's that relate to unconstested divorce:
- My spouse and I cannot come to an agreement on all of our issues, but we both want to get divorced? Can I still get an uncontested divorce?
- If my divorce is uncontested, do I have to go to court?
My spouse and I cannot come to an agreement on all of our issues, but we both want to get divorced? Can I still get an uncontested divorce?
In limited circumstances, if there are still outstanding issues relating to the divorce that need to be dealt with through agreement or through the courts, the court will grant a divorce. This process involves a court application. Please contact us so that we can discuss whether this is possible in your particular situation.
If my divorce is uncontested, do I have to go to court?
With some rare exceptions, uncontested divorces usually proceed as a “desk divorce”, which means that neither spouse has to attend court.