Practice Areas
Divorce & Adultery
Divorce by Agreement
Divorce by agreement (uncontested divorce) is a divorce in which both spouses mutually consent to end the marriage. The spouses reach agreement on the divorce itself and on matters such as parental authority and custody of their children, obtain confirmation of their intent to divorce from the Family Court, and then complete the divorce by filing a divorce report with the local government office.
Documents Required to Apply for Confirmation of Intent to Divorce by Agreement
  • One (1) Application for Confirmation of Intent to Divorce by Agreement
  • One (1) Family Relationship Certificate for each spouse
  • One (1) Marriage Relationship Certificate for each spouse
  • If there are minor children (excluding children who will reach adulthood within the cooling-off period): one (1) original and two (2) copies of the written agreement on the children's custody and the designation of the holder of parental authority, or three (3) copies each of the Family Court's certified adjudication and certificate of finality
Divorce by Agreement: Procedure

Spouses agree to divorce

Apply to the Family Court for confirmation of intent to divorce

After the cooling-off period

Family Court confirms the intent to divorce and related matters

File the divorce report with the local government office

Cooling-off period

With minor children: 3 months

Without minor children: 1 month

The Cooling-Off Period
Divorce by agreement is subject to a mandatory cooling-off period; the divorce does not take effect immediately. Once the application is filed, the couple must attend two confirmation hearings on their intent to divorce.
Couples who have applied may also request divorce counseling from the Family Court. The system exists to discourage impulsive, emotionally driven decisions and to ensure that divorce is not taken lightly.
The cooling-off period is three months if the couple has minor children and one month if they do not; only after it has passed can the court confirm the intent to divorce.
Pros and Cons of Divorce by Agreement
Divorce by agreement is a smooth way to dissolve a marriage when both spouses agree on the divorce and on who will hold parental authority and custody, and there are no significant issues regarding consolation money or division of property.
It does have drawbacks, however: the mandatory cooling-off period; the fact that the parties must settle every issue themselves; the need to draw up a separate, legally binding written agreement on consolation money and division of property; and the fact that, absent such an agreement, either spouse may file suit over consolation money or division of property even after the divorce is finalized.
Accordingly, judicial divorce is the more suitable option when the spouses cannot agree on the terms of the divorce, when consolation money and division of property must be determined, or when you want a clear and prompt dissolution of the marriage.

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