In most cases, divorce is always a battle. But having to think about filing a divorce first is another tough war as you have to think about which strategy to use. If your marriage is not working and you are thinking of divorce, you need to weigh out the option of filing for divorce first. Unleashing your intentions about ending your marriage is not easy. This may be a shock to the other spouse. However, if there have been hitches in your marriage, both of you may have some thoughts that your marriage is on the rocks. And privately, each one may be considering divorce. If you’re in such a situation, you may be wondering whether it’s okay to file a divorce before your partner does. You should opt to handle your divorce in the best way and this is through an uncontested divorce Ontario. This is often the simplest way to part ways.
In order to achieve an uncontested divorce it is imperative that you and your spouse come to an agreement on all issues that are raised as a result of the divorce. Thus it is important for you and your spouse to communicate and maintain an open and healthy environment that allows for negotiations. Such an open and healthy environment for negotiations can be achieved by way of mediation. A previous article discussed the first two stages of mediation; agreeing to mediate and understanding the problem, this article will discuss the last three stages of mediation; the generating options stage, the reaching agreement stage and the implementing agreement stage.
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.
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.