An uncontested divorce is filed on the no-fault grounds of separation instead of a fault ground such as adultery, cruelty or desertion.  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 a lengthy and emotionally draining courtroom battle and provides a timely end to a troublesome and difficult situation.

The grounds for filing an uncontested divorce are

1. (1) a one-year voluntary and mutual separation "without interruption and cohabitation and there is no reasonable expectation of reconciliation," or
2. (2) a two-year separation "without cohabitation or sexual relations."  In addition you will need to have entered into a separation agreement settling all the matters surrounding the dissolution of your marriage prior to filing the uncontested divorce.

An uncontested divorce hearing is heard before a Family Law Master and only the Plaintiff and Plaintiff’s attorney need attend this hearing. 

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

Resumption of sexual relations will reset the clock on the separation period to zero and you will be forced to start the separation period over.

If you can come to an agreement with your spouse on your outstanding issues such as property, custody and support and you want to avoid the financial stress of what can seem like endless hourly billing then we can help you.  Our Uncontested Divorce Flat Fee of $950 covers all aspects of your divorce including the drafting of the separation agreement and representation at your Master’s Hearing.  Call today to set up a half-hour free telephone consultation to get started.