Uncontested or Unopposed Divorce
Uncontested or Unopposed Divorce | Benita Ardenbaum

Uncontested or Unopposed Divorce

Where you and your spouse are able to agree upon the manner in which your marriage is to be dissolved, including the proprietary, patrimonial, maintenance and other issues relating to your divorce, getting divorced can be a fairly painless, quick and cost effective procedure for both of you, and you can jointly appoint an attorney to assist you with the formalities.

How can we help?

Once you have reached a verbal agreement with your spouse, this will need to be reduced to writing and signed by both of you. Where there are minor children involved, you are also required to enter into a parenting plan dealing with primary residence, care and contact, and maintenance of the minor children. We will draft the settlement agreement and parenting plan to ensure the correct format and terminology is employed in accordance with the relevant legislation and ensure that the parenting agreement is endorsed by the office of the family advocate, as is required.

Once these formalities have been complied with, we will draft a summons naming either you or your spouse as the plaintiff and the other party as the defendant and have this issued out of the relevant court and served on the defendant by the Sheriff. The court rules require the lapse of a period of ten days after service before we can apply to the registrar of the court for a date on the unopposed roll, which takes another approximately three weeks.

Only the Plaintiff need appear in court on the day to appear before the judge and the actual divorce process takes only a matter of minutes. We will of course accompany you throughout this process.

For direct answers to your specific personal questions, please contact us directly.