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What is an Uncontested Divorce?

Posted on August 9, 2017

Many relationships come to an end as the result of strong disagreements, frustrations or anger. These emotions can carry into the divorce process, making it a long or complicated ordeal.

However, in cases where both parties simply no longer see the marriage as being worth continuing, it is possible to pursue an Uncontested Divorce, which typically is a much simpler and less expensive option.

A married couple working together to understand an uncontested divorceAn uncontested divorce

Simply put, an uncontested divorce is one where both parties are seeking to get a divorce order from the Courts. In these cases, parties are generally not required to appear in Court.  The Divorce Order is an administrative process that allows the parties to obtain a Marriage License should they wish to remarry in the future.

If there is a strong difference of opinion between the parties about any of the terms of the divorce, it is no longer possible to pursue an uncontested divorce.  Those issues would proceed contested and either party may ask that the divorce is severed from those issues later in the divorce litigation process.

How long does an uncontested divorce take?

Though the uncontested divorce is simplified, it still requires that documents be completed and submitted to the Courts, which is best done with the help of a family lawyer to ensure that everything runs smoothly.  Smoothly, parties can expect the process to take 6-8 months from inception to the granting of the Divorce Order.

In order for the divorce to be ordered, the couple will need to established on of the following:

  1. That there have been acts of cruelty by a spouse;
  2. That there has been Adultery committed by one of the parties; or,
  3. That the parties have lived separate lives from one another for one year.

A majority of divorces in Ontario are pursued based on the third point above because separation is the easiest to prove and the most difficult to contest.  

How much does an uncontested divorce cost?

Because an uncontested divorce traditionally avoids the time and argument associated with a litigated dispute it is far less expensive.  Typically the process amounts to $1,300.00 all inclusive, but this can fluctuate with the cost of service of materials and if any extenuating circumstances arise.

The best course of action is to take advantage of your local family lawyer’s complimentary consultation to understand what you can expect from your particular case.

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