What is the process for an unopposed divorce?
The issued summons and particulars of claim is served personally on your spouse by the sheriff. After 10 working days where the divorce action is not defended, the matter can be set down on the court roll at a later date for an unopposed divorce.
In all divorce actions the court is required to hear oral evidence. You will enter the witness box and an attorney/advocate will lead you through your evidence that you give to the court. This evidence sets out for the court the circumstances of the breakdown of the marriage and discloses whether there is any agreement on settlement of the divorce and what arrangements are in placed for the parenting of any minor children.NB: Don’t forget to bring your original marriage certificate or the presiding officer may refuse to divorce you and will adjourn the matter to another date instead. Where a settlement agreement and parenting plan has been drafted and signed, this would ordinarily be sent to the local Family Advocate’s office prior to the court date for an endorsement by their offices of the arrangements in respect of the minor children. Once the presiding officer has confirmed the decree of divorce, you are effectively divorced from that moment.