How Do I Get an Uncontested Divorce?

Despite what you may be fearing, divorce does not always have to be a complicated, drawn-out process. According to Statistics Canada, in 2010/2011, 80% of active divorce cases were uncontested. Uncontested divorces are usually quicker and less expensive than contested divorces.

In order for your divorce to be uncontested, you and your spouse agree on all issues arising from your divorce. An experienced divorce lawyer can help you with the process of coming to agreement. He or she can also help you create or advise you on your separation agreement. If you are seeking a divorce, it is important to understand the requirements for uncontested divorce. In most cases this will be the most desirable way to proceed.

Is My Divorce Uncontested?

Divorces do not start out their lives as contested. A divorce becomes contested when one spouse contests it. This will happen, however, when the spouses do not agree on all issues.

In Ontario there are three kinds of divorce applications:

• Simple application
• General application
• Joint application

A simple application is one in which the only claim you’re making is the request for divorce. A general application also deals with other claims. This may include support, property, custody and access. A joint application is brought by you and your spouse jointly. It may deal with both divorce and other claims if the parties agree on their family matters. A general application is used when the parties cannot agree on how to resolve their family matters.

If you are applying for a divorce by simple or general application, you must arrange for the divorce papers to be served on your spouse. Your spouse has 30 days from the day her or she is served to respond. If he or she does not file an answer within that time period, your divorce will proceed through the court as uncontested.

In most provinces and territories, if your divorce is uncontested you can get a “desk divorce.” This means you never have to go to court. In order to achieve agreement with your spouse on all issues, however, you may need help of an experienced divorce lawyer.

Avoiding Going To Trial

The family law matters attendant upon divorce are:

• Child support
• Spousal support
• Child custody and access
• Property division

These can lead to the lengthier and more expensive process of a contested divorce. Lawyers can help parties agree on their issues (rather than go to trial) with Alternative Dispute Resolution. The specific methods include:

• Negotiation
• Mediation
• Arbitration
• Collaborative Law

Negotiation refers to direct discussion of issues between the parties, their counsel, or the parties and their counsel. The purpose is meeting the parties’ goals. Mediation is a form of negotiation in which the process is facilitated by a neutral third party, the mediator. In arbitration, the parties grant the impartial arbitrator the authority to act as judge and make a binding decision in the matter.

Collaborative law refers the parties signing an agreement stating that they will negotiate in good faith. Their lawyers will have to resign if they cannot resolve their differences.

Working together with legal counsel who are trained in Alternative Dispute Resolution is the best way to resolve things, before you go to trial.

In many cases an uncontested divorce is facilitated by creating a legally binding separation agreement. You set out what you and your spouse have agreed to regarding the family law issues attendant upon your divorce.

To ensure that your rights and interests are protected , it’s best to have the agreement prepared by an experienced divorce lawyer.

An uncontested divorce is usually the quickest and least expensive kind. It’s in your best interest to cooperate with your spouse and come to mutual agreement on the major, long-term issues raised by divorce.

Discover the difference in Fine & Associates. If you need the best in Toronto’s family law, be it for divorce law or child custody – pick up the phone today and give us a call.