If the parties agree to be divorced, you generally need a written Marital Settlement Agreement that makes adequate and sufficient provisions in writing for the custody and support of any minor children of the marriage and makes a fair and equitable division of your property. If there are no minor children, and a written Separation Agreement, you can file for divorce after six month’s separation.

If there are minor children, or you and your spouse cannot reach an agreement, you have to be separated for at least one year. There are also additional technical requirements, but the Separation Agreement is the essence of an uncontested divorce. As for assessing fault for the marriage breakdown, the Agreement need only say that differences have arisen that prevent you from living together as husband and wife, you have or will separate, there is no hope of reconciliation and you intend to end the marriage.

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