Divorce is never easy, but it can be less complicated when the couple has no children. Child custody issues are often challenging to resolve and trigger strong emotions. Reaching a fair resolution can be easier when property division and alimony are the only factors the couple must consider.
Connecticut General Statutes § 46b-44a allows some couples to divorce by mutual agreement through an expedited process called non-adversarial divorce. The process is available only to couples who meet certain requirements, including:
Couples who meet the above requirements but one or both spouses have a valid restraining order or order of protection against the other are precluded from using the process.
A couple seeking a non-adversarial divorce must file a petition for divorce and submit written agreements regarding property division and spousal support. The judge reviews the agreements, finalizes them into an enforceable court order, and issues the divorce decree without the need for a hearing.
Most couples do not have the option of pursuing a non-adversarial divorce because they do not meet the requirements in the statute. However, a couple could still file for an uncontested divorce, which provides many of the same advantages.
Like a non-adversarial divorce, the couple files for divorce using no-fault grounds and attaches their property distribution and alimony agreements. The judge will review the documents to ensure they are legally acceptable and then issue them as an enforceable court order, just as in a non-adversarial divorce.
Traditionally, courts would hold a hearing to finalize an uncontested divorce, and the spouses would have to attend. Since COVID, Connecticut judges have issued decrees in uncontested divorces without holding an in-person hearing, by allowing the parties to submit a series of forms requesting the court accept their agreement on the papers, including individual affidavits in support of the divorce that replace the canvassing process that used to occur on the record.
A contested divorce means that a spouse has filed a divorce petition, and the couple cannot agree on all the outstanding issues, or one spouse is claiming a fault-based ground for divorce, or both. Contested divorces take longer, are more expensive, and are usually far more stressful than uncontested divorces.
Mediation can help a couple resolve financial issues in a divorce. If the spouses cannot communicate effectively or there is a history of family violence that may make mediation unsafe or unwise, attorneys for the spouses could negotiate an agreement. If successful, the contested divorce can convert to an uncontested proceeding—the attorneys will submit the agreements to the judge, who will incorporate them into the divorce decree, avoiding the need for a trial.
With no need to create a parenting plan and resolve child support issues, it would seem that divorce proceedings for Connecticut couples without children would be simple. That is not always the case.
Although the non-adversarial process might work for some childless couples, it offers limited benefits over an uncontested divorce. A local matrimonial lawyer can help you resolve issues with your spouse to take advantage of the uncontested divorce process. Call today to get started.
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