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What is a non-adversarial divorce?

On Behalf of | Mar 8, 2023 | Divorce

Courts decide on a number of matters in divorce proceedings such as child custody, alimony, division of property and so on. This stretches out the process depending on each marriage’s circumstances. But what if you and your spouse do not have a lot of matters to consider for the divorce? You may want to get a non-adversarial divorce if you meet certain qualifications.

What is it?

In Connecticut, spouses can obtain a divorce within 35 days, instead of the regular divorce period that would last at least three months, without appearing before a judge. This simplified process is called a non-adversarial divorce, which is designed for spouses to peacefully dissolve their marriage outside of court.

During this process, the parties can choose either divorce mediation to discuss settlement and other options or collaborative divorce to negotiate a divorce agreement. It will depend on the circumstances of each marriage whether it is best to have a divorce mediation or a collaborative divorce.

Who is eligible?

Not all spouses are eligible to apply for a non-adversarial divorce. Since this method is simpler than usual, parties must meet certain conditions before applying. Spouses much check each of the following conditions:

  • The spouses have been married for nine years or less.
  • There are no unborn, born or adopted children between spouses before or during the marriage.
  • Neither spouse has interest or title in any real property.
  • The total value of all the spouses’ properties is less than $80,000 (as of this writing).
  • Neither spouse has a defined benefit pension plan from their company.
  • Neither partner has a bankruptcy case.
  • There is no pending divorce case.
  • There is no restraining order between the spouses.

Divorce proceedings take up much time, energy and resources from the parties. Having a simpler option for eligible spouses could make the process smoother and easier for them to move on with their daily lives.