Category: Uncontested Divorce
Benefits of an Uncontested Divorce
Uncontested Divorce
The easiest of all types of divorce is an uncontested divorce. An uncontested divorce is where the couple agrees on all issues relating to their divorce and this is when one spouse files an application for divorce and the other spouse does not file an answer. The spouse’s failure to file an answer is taken as being in agreement to the divorce filed; and he or she is not contesting the divorce and is in agreement with the divorce application. Therefore, one does not file for an uncontested divorce however, the divorce becomes uncontested if one spouse fails to file an answer to the divorce application of the other spouse within the required period of time.
The advantages of an uncontested divorce are:
- The marriage ends in a dignified and quiet way as the courts will grant the divorce without requiring the spouses to appear in court.
- An uncontested divorce can be resolved quicker and simpler than a contested divorce. The whole process is less stressful and there is a greater degree of privacy and control.
- The process of an uncontested divorce is shorter than a contested divorce which tends to drag an already long process longer. However, an uncontested divorce may take between four to six months instead of a number of years (that is after the one year separation requirement), therefore it makes for a quick divorce. As a result of this shorter duration it limits the stressful and tense experience associated with contested divorces and allows the spouses to get on with their lives faster.
- The main advantage of uncontested divorce is it lowers cost. This is because of the minimal involvement of outside parties in settling issues relating to the divorce. Here the divorcing parties must bargain with one another so as to settle issues. The issues involved in the bargaining process include such issues as child and spousal support, access and control of children, child custody, division of property and finances, etc.
- An uncontested divorce often allows for parties to the divorce to remain civil throughout the whole process and without the conflict associated with a contested divorce.
- An uncontested divorce has benefits to one’s family in that because the process is smooth and as a result to the low cost associated with it and the shorter time the process takes each divorce spouse can focus on their family and moving on. Further, the strain is lessened on the family and friends of the couple who are not forced to pick sides or required to give evidence by way of written or oral testimony as required in a contested divorce; which puts undue strain on the family and friends of the divorcing parties.
The main disadvantage of an uncontested divorce is where one spouse is being physically abused by the other spouse and where there is a history of domestic violence, emotional abuse or a disparity in power within the relationship. The problem this causes in uncontested divorce is that almost always one spouse has the advantage over the other, therefore, legal representation is needed for the abused party to the divorce.
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Uncontested Divorce in Ontario
When filing an uncontested divorce in Ontario
There are two types of cases:
Uncontested Sole Divorce: When both spouses are in agreement about the divorce and do not oppose the divorce, either the husband or wife files the divorce papers with the court asking for the divorce. Once the papers are filed with the court, your spouse is served with the divorce papers. Your spouse then has 30 days to contest or challenge the divorce or make a claim such as for support, property, custody, etc. If your spouse does not challenge the divorce within the required period, the divorce will proceed as “uncontested” and will be finalized by the Ontario court.
Uncontested Joint Divorce: The second way to proceed is to file a joint divorce. In this type of filing, both the husband and wife sign and swear the divorce papers, including the Affidavit of Divorce. Neither spouse is suing the other for divorce – you are simply asking the Ontario court to grant a divorce based on separation. In a joint divorce application, spouses can also jointly ask the court to include an order relating to custody, access, support if both spouses agree to the terms. Couples prefer filing a joint divorce because filing in this manner does not require serving divorce documents on the other spouse.
Divorce Time Frame: The time that it takes to process an uncontested divorce in Ontario varies based on a number of factors. One of these factors may be the courthouse in which your divorce papers are filed. Family courts across Ontario vary in the time they take to process applications. However, as a general time frame, if all the necessary steps are taken and the documents are filed on time, it takes about 2 to 3 months to process the entire uncontested divorce in Ontario.
Clearance Certificate: Once the 8A application for divorce is filed, a document called the “clearance certificate” is sent from the Central Registry of Divorce Proceedings located in Ottawa, Ontario to the courthouse in which the divorce application is filed. This Registry keeps nation-wide records of divorce applications filed after July 2, 1968. If there is another divorce application involving the same two spouses, the Registry lets the courts know. If there are no other divorce applications involving the two spouses, the clearance certificate is sent and the divorce process moves forward. For more information about the Central Registry, you can click here.
I hope we were able to give you some of the information you required in order to make your decision about the type of divorce in Ontario that you will be filing. Whether you are filing a sole divorce or a joint divorce, our Family Lawyer can process your case or guide your decisions. Here is a link to recent publications about Family Law on the Department of Justice website.
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NOTICE AND DISCLAIMER: The material posted on this website is for informational purposes only and should not be relied upon as legal advice. If you are in need of legal advice relating to your particular situation it is highly recommended to consult with a lawyer.