Requirements for Uncontested Divorce in Toronto
An uncontested divorce is a dissolution of a marriage to which both parties agree. Certain requirements exist for this type of dissolution.
Requirements for Uncontested Divorce in Toronto
First, to be eligible for a divorce in Toronto, one of the parties must have lived in Toronto for a period of at least one year. Those who do not meet this requirement may not apply for a divorce in Toronto. However, this stipulation does not exist for people whose non Canadian home country does not recognize the marriage. As long as those people live in Canada, they may apply for a divorce.
Divorces must also have some type of grounds. Currently, three main grounds for divorce exist. The first ground is separation for over one year. If the parties have been living in separate dwellings or living single lives for longer than one year, that would constitute a valid divorce claim. If one of the parties has been cruel or unfaithful, either of those would be a justifiable reason to begin divorce proceedings.
Joint and Simple Uncontested Divorce in Toronto
Two types of divorces exist that may be seen as some form of uncontested divorce. In a joint divorce, both parties file at the same time to initiate a divorce. They both feel that the marriage should be dissolved, and they both have the time to sit down and complete the necessary paperwork. Performing a joint divorce will not usually be any quicker than a simple divorce.
A simple divorce is a request from one party for a divorce. This person is not requesting child support, custody, property, spousal support or the like. Instead, the person is only seeking that the marriage be dissolved. There is no such thing as a simple uncontested divorce. However, the spouse who receives the summons may choose not to answer it, which would result in a default judgment after 30 days.
If the defending spouse does not answer the complaint in a simple divorce, the courts will grant the initiating party a divorce after 30 days. That person will then receive the divorce certificate after an additional 30 days. To ensure that the divorce process goes smoothly, either of the parties may seek the help of a family law attorney in any step of the case.
How an Attorney can Help
The most important factor in a divorce, whether or not one of the spouses contest it, is the paperwork. An established attorney can ensure that all paperwork is completed properly to avoid delays. With the right help, a couple can have an uncontested divorce in Toronto in two months.
A separation doesn’t need to be difficult. At Fine & Associates our Toronto divorce lawyers will do everything to make the transition as smooth as possible. Call us today and our family lawyers will help to get you started.