Can an Uncontested Divorce Be Filed Under Grounds of Adultery?

A misconception many divorcing spouses have is that an uncontested divorce must be a no-fault divorce or filed under grounds similar irreconcilable differences.

The confusion begins with understanding the difference between an uncontested divorce and a no-fault divorce. An uncontested divorce is simply a divorce in which the two parties have resolved all issues to settle their divorce. There are no “contested” issues that need to be negotiated or settled by the court. Most divorces will eventually end up uncontested, because most divorces are settled out of court. The challenge lawyers and spouses face is how much time and negotiation it will take for the case to become uncontested.

Most spouses doing their own divorce typically have an uncontested situation from the start, so this being said it is only natural for the divorce to be filed under a no-fault or irreconcilable differences ground.

On the contrary, it is very possible that two spouses can agree in an uncontested fashion that infidelity did occur and that the grounds of adultery would be appropriate.

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