AMICABLE / UNCONTETSED DIVORCE

An unopposed divorce is one where both parties agree to the divorce as well as all the aspects of the divorce, such a division of estate, maintenance, primary residence of the children etc. This is normally the best way to get divorced, as it is quicker, easier, less emotionally impactful you and on the children and a lot cheaper. WHAT IS THE PROCESS

Step 1

You and your spouse discuss and reach consensus regarding the division of your estate/assets and debts, as well as issues pertaining to your children.

Step 2

The agreement between you and your spouse is reduced to a settlement agreement and is signed by both you and your spouse in front of two witnesses.

Step 3

The Summons is drafted, and the signed settlement agreement is attached to the Summons.

Step 4

The Summons is issued at court and served on the spouse that will not be attending Court.

Step 5

If there are minor children, the Summons and Settlement Agreement are served on the Family Advocate, who needs to approve the Settlement Agreement and confirm if it is in the best interests of the minor children.

Step 6

The matter is set down on the unopposed roll for hearing and only the plaintiff needs attend court and testify. If the Judge is satisfied a Decree of Divorce is granted.