Find a lawyer to help you answer your legal questions.

  • My Legal Briefcase

    I have been separated for three years and I have a five-year-old daughter. Her father gives me child support off and on but I really don't care if he does and neither does he. I want to get a divorce and not have to go through a child support and custody battle. Can I get divorced without having to deal with child support and custody?
    Notice: Undefined property: stdClass::$post_date in /var/www/webapp/ui/mlb_faq.php on line 96

    You can apply for a divorce with the court without requesting
    custody or child support. However, by law you must disclose in court documents
    that you have a child, that the child lives primarily with you, the identity of the
    father, any knowledge of his income and that you are declining to apply for child
    support. Believe it or not under the Child Support Guidelines of the Divorce Act, a
    judge has a legal duty prior to granting a divorce to ensure that the parent not
    living with the child is ordered to pay the appropriate amount of child support in
    accordance with his income, even though you are not applying for it. To ensure
    that you are not denied a divorce you should either apply for child support and
    give some evidence of the father's annual income or explain in the affidavit in
    support of your divorce motion convincingly why you do not seek it and why it is
    the child's best interests for you to waive it. The same law does not apply to
    custody matters. However, you can apply for a divorce without requesting a
    custody order.

    Disclaimer: Content on this website is provided for informational purposes only and does not constitute a legal advice.

Document Banner