Uncontested
What is an Uncontested Divorce?
An uncontested divorce in Ontario is a type of divorce where both spouses have agreed to all the terms of their separation, including the division of assets, debts, and decision-making and parenting time. It is a simpler and less expensive option than a contested divorce, which can be lengthy, emotionally draining, and costly.
To obtain an uncontested divorce in Ontario, the spouses can either file a Joint Application for Divorce with the court, or one spouse can file an Application and then serve it on their spouse. The Application must be submitted along with their marriage certificate, which proves that they were legally married. The Application must also include a written agreement that outlines the terms of the separation, including the division of property and debts, spousal support, and parenting time and decision-making arrangements.
Once the court receives the Application for Divorce, it will review the application to ensure that it meets all the legal requirements. If everything is in order, the court will grant a divorce judgment, which officially ends the marriage.
The benefits
One of the main benefits of an uncontested divorce is that it is typically faster and less expensive than a contested divorce. In a contested divorce, both spouses hire lawyers to represent them in court, which can be quite costly, especially if the parties end up having to go to trial. In contrast, in an uncontested divorce, both spouses can work together to reach an agreement that meets their needs and avoids the need for a costly and lengthy court battle.
One of the main benefits of an uncontested divorce is that it is typically faster and less expensive than a contested divorce. In a contested divorce, both spouses hire lawyers to represent them in court, which can be quite costly, especially if the parties end up having to go to trial. In contrast, in an uncontested divorce, both spouses can work together to reach an agreement that meets their needs and avoids the need for a costly and lengthy court battle.
Did you know?
Sometimes, even if the parties are still in court on other issues, they can sever the divorce from the other issues and finalize it, if both parties consent and the court will allow it.
Is a Uncontested Divorce the best option for you?
It is important to note that an uncontested divorce may not be the best option for every couple. If there are significant disagreements between spouses about the terms of the separation, or if there are complex issues such as decision-making for the children or division of assets, it may be necessary to pursue a contested divorce to ensure that both parties receive a fair and equitable outcome.
It is also important to consult with a lawyer before proceeding with an uncontested divorce to ensure that all legal requirements are met and that you fully understand the implications. A lawyer can provide guidance and advice on the legal aspects of your divorce.
We offer a flat fee at our law firm to finalize your uncontested divorce. If you are interested in speaking with us about your uncontested divorce, please contact us.
