Trust and Integrity
In Everything We Do
1-855-498-5342
Uncontested Divorce
An uncontested divorce is one where the parties do not fight in Court and simply need to be divorced legally. The three situations for an uncontested divorce:
- The parties have no property, debt, or children, and neither party wants alimony; however, both parties want to be divorced. This is the typical uncontested divorce.
- The parties have an agreement on all issues. This means that there may be contested issues regarding property, debt, children, or alimony but the parties have negotiated the issues to their mutual satisfaction. Sometimes the parties enter what is essentially a legal separation (an order of separate support and maintenance) to preserve their agreement until the period of time for their respective divorce ground has lapsed.
- The opposing party does not respond after being served with a summons and complaint for divorce. The Court will allow a complaining spouse to proceed if the other party fails to answer a summons and complaint after being properly served.
Normally, the grounds for divorce in an uncontested divorce are one year’s continuous separation. In this instance, a party provides a corroborating witness that simply states that they know that a party has been separate for one year and that they would know if they had reconciled with their spouse.
If you or anyone you know is seeking an uncontested divorce, please contact our office right away so we can help you!
