An uncontested divorce is filed on the grounds of separation vs. a contested fault based divorce where one party files on a ground such as adultery, cruelty or desertion.  The ability to file an uncontested divorce is hugely desirable for many couples that wish to separate and divorce under the best possible circumstances for themselves and their families.  An uncontested divorce protects couples from ever having to see the inside of the courtroom and provides a timely end to a troublesome and difficult situation.

The requirements for filing an uncontested divorce are as follows:

1.  Separation

The couple must have been living separate and apart for the required statutory period of either:

a.  One year, or
b.  If there were no children born of the couple’s marriage and the couple has a signed separation agreement (also known as property settlement agreement) then for six months;    

2.    All of the issues have been agreed to by the parties;  and

3.   Child support, spousal support, custody, and/or visitation is either

a.       Not Requested; or   
b.      agreed in a written and signed agreement.

Important for you to remember if you are separated and intend to file an uncontested divorce:

Resumption of sexual relations or living together will reset the clock on the separation period to zero and the time will be calculated from the last occasion where there was cohabitation.