Uncontested Divorces

Uncontested Divorces

While grounds for divorce traditionally required a showing of misconduct by one spouse or the other, modern divorce laws do not require “fault” grounds for a divorce to be granted.  A “no fault” divorce may be obtained upon a showing that the parties have been separated for a year with the intention to remain permanently separated, and the parties have continuously lived separate and apart, without any cohabitation.    If the parties have entered into a separation agreement and there are no minor children, the required time period is reduced from one year to six months.

If the parties can agree on things like the division of property and debts, whether spousal support will be paid by one party to the other, and provisions concerning child custody and child support when there are minor children involved, we can prepare a separation agreement (also sometimes called a property settlement agreement) that will settle all of the matters that would usually be decided by a judge in a divorce case.  In the separation agreement, the parties can agree to file an uncontested “no fault” divorce and the separation agreement would be filed as an exhibit and incorporated into the final decree.  In an uncontested divorce, there is no need for the parties to appear in court, but it is important for an attorney to be involved to correctly prepare the separation agreement and divorce filings.

If the parties can agree and cooperate, the process of an uncontested divorce can be handled efficiently and at a much lower cost than a contested divorce.  If the parties are unable to reach an agreement, we can also provide a referral to other attorneys in the area that handle contested divorces.

Contact us at 540.745.4435 to schedule a consultation.