UNOPPOSED
DIVORCE
In every divorce (with minor children), there are four main questions to be asked, namely:
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Custody and contact: Which parent will the minor children live with most of the time, and what contact will the other parent have with the minor children?
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Child maintenance: What will each parent contribute to the minor children's expenses (including living expenses, education and medical costs)?
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Division of the assets: How will the parties divide the property and assets of the marriage?
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Spousal maintenance: Will one party give monthly maintenance to the other?
When the parties getting a divorce agree on the answers to all four of these questions, they can get an "unopposed" or "uncontested" divorce. The process is then as follows:
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Because the parties don't have major disagreements, they may decide to use only one lawyer. This helps them to save money and makes the process easier. (However, if they discover there are serious disputes between them, they will each have to go to their own lawyer).
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Once there is complete agreement on all the issues, their lawyer will draw up a written settlement agreement. Both parties will then sign the agreement.
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The summons will then be served, together with the settlement agreement.
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The lawyer then applies for a date for the court hearing.
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If there are minor children involved, the settlement agreement must be approved by the "Family Advocate".
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On the day of the court hearing, one of the spouses briefly appears in court. He or she will be asked a few simple questions.for
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If the judge is satisfied, he will grant the divorce there and then.
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It takes about two weeks to receive the divorce decree.
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The entire process takes between two to three months.
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During your case assessment, ​we will advise you as to whether you "qualify" for an unopposed divorce, the detailed procedure and the all-inclusive cost package.