Dear GEORGETTE,
These are the general rules for uncontested divorce:
A divorce case is contested if the parties disagree on any issue of the divorce, including such things as custody, visitation, child support, payment of educational expenses for private school or college, alimony (maintenance) and/or health insurance for the dependent spouse, payment of marriage debts and division of assets, and income tax arrangements, as well as the ground for divorce itself.
A divorce case remains "Contested" until each item is resolved. It the parties do reach agreement on all issues at any time during the period when the case is pending, they can ask the court to hear the divorce matter as uncontested.
When this happens, the court will provide the parties with an expedited Hearing. At this time it will hear proof regarding the grounds and the settlement, and will approve the settlement and enter Judgment on that day or shortly thereafter, if the principles of the law have been met.
The two basic types of divorce are "Fault" divorce (divorce for a specific reason, referred to as the "grounds" for the divorce) and "No-fault" divorce (the spouse suing for divorce does not have to prove that the other spouse did something wrong or was at fault).
Some states allow a spouse to select either a no fault divorce or a fault divorce.
A fault divorce is only granted if one of the spouses is legally at fault. Today about two-thirds of states still offer some form of fault divorce when marital misconduct has been proved.
In a fault divorce the petitioner (the person asking for the divorce) must prove that an act by his or her spouse constitutes marital misconduct and provides a legal reason for a divorce.
Your situation looks like under a false-based ground.
Usual grounds for a fault divorce are adultery, imprisonment, a separation agreement, and cruel and inhuman treatment – (the physical and mental well-being of plaintiff is endangered, making it unsafe or improper for plaintiff and defendant to continue living with defendant); Another common ground is abandonment (the defendant has abandoned the plaintiff for a period of time prior to starting the divorce action and continuing to the present), which includes physical –(spouse left marital home with no intention of returning, without any good reason to do so and without other spouse's consent), constructive (one spouse refuses to engage in sexual relations without consent, cause or justification), and continuous lockout.
Please remember, an uncontested divorce occurs when:
1) 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);
(It means that your spouse will sign all divorce papers)
2) your spouse either agrees to divorce, or fails to appear in the divorce action.
You must check requirements and grounds for divorce in your state.
If your situation matches all requirements you have to make a decision to apply for uncontested divorce with fault-based ground or choose one of the No-fault grounds.
To easily find out the grounds for divorce just follow link:
http://www.legalhelpmate.com/divorce-online-state.aspx , choose your state and read about requirements and ground for divorce in your state.
Best regards
Customer Support
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