An uncontested divorce

occurs when:

• there are no disagreements between you and your spouse over any financial or divorce-related issues (i.e., child custody and support, division of marital property or spousal support)
   
• your spouse either agrees to the divorce, or fails to appear in the divorce action.

You may sue for divorce thinking that the proceeding will be uncontested, but discover later that your spouse has decided to contest ("fight") the case.

If this occurs, you may wish to consult a divorce attorney, or you may proceed on your own without a divorce lawyer.

A divorce must be certified by a court of law, as a legal action is needed to dissolve the prior legal act of marriage. The terms of the divorce are also determined by the court, though they may take into account prenuptial agreements, or simply ratify terms that the spouses have agreed on privately.
 

Most couples seeking divorce get legal help from family law attorneys or divorce lawyers.

Causes of divorce

The main causes in 2004 (2003) were:

• Extra-marital affairs - 27% (29%)

• Family strains - 18% (11%)

• Emotional/physical abuse - 17% (10%)

• Mid-life crisis - 13% (not in 2003 survey)

• Addictions, e.g. alcoholism and gambling - 6% (5%)

• Workaholism - 6% (5%)

According to this survey, men engaged in extra-marital affairs in 75% (55%) of cases; women in 25% (45%). In cases of family strain, women's families were the primary source of strain in 78%, compared to 22% of men's families.

Emotional and physical abuse were more evenly split, with women affected in 60% and men in 40% of cases. In 70% of workaholism-related divorces it was men who were the cause, and 30% women. The 2004 survey found that 93% of divorce cases were petitioned by women, very few of which were contested.

53% of divorces were of marriages that had lasted 10 to 15 years, with 40% ending after 5 to 10 years. The first 5 years are relatively divorce-free, and if a marriage survives more than 20 years it is unlikely to end in divorce.

Regarding divorce settlements, as defined by this survey women obtained a better or considerably better settlement than men in 60% of cases. In 30% of cases the assets were split 50-50, and in only 10% of cases did men achieve better settlements (down from 24% the previous year). The 2004 report concluded that campaigns like that of Fathers 4 Justice must succeed in increasing the percentage of shared residence orders, in order for more equitable financial divisions to become the norm.