Tag: Uncontested Divorce
Should I File An Uncontested Divorce First?
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.
Filing Your Uncontested Divorce First
While it doesn’t make sense to rush things up just to win your divorce, there are many legitimate reasons why you should consider filing your uncontested divorce first. If you have made up your mind, you should consider the below factors:
- Make sure you have the right legal lawyer: Though your divorce is uncontested, things may later turn out to be different. For instance, you may have agreed on how to share your assets and liabilities, later on, you find that some assets were not disclosed by your spouse. In such a case, you can only get justice by having an experienced lawyer.
- Set aside the money you need for your divorce: Though your divorce may not be that costly, you may still need to set aside some money to be on the safer side. You will need some money to hire a divorce lawyer Toronto to guide you on the process. If you don’t have any credit card, you may choose to have one’s quick as possible
- Make sure to have every important document that will be needed for your divorce: This again requires you to have prior knowledge of what to do. You may need to compile the tax returns and the real estate records among other important financial records. If your partner is secretive, you may have enough time to scrutinize every document slowly to have them organized.
The above are ways you can position yourself to win and have the best financial advantage. You can be linen up with every detail and this will also make your divorce process smooth.
Taking The Right Steps Toward Your Divorce
To file a divorce petition first means that you will have more tools at your disposal. You will have your divorce lined up without any single interference. Therefore, the benefits of filing an uncontested divorce are far too way to be ignored. You don’t owe anyone that time to wait to come up with a breakup process together; you can start it off as soon as you feel ready to quit the relationship. The only way to ensure this moves smoothly is to be realistic and keep yourself updated about divorce.
Divorce Mediation Steps Pt. 2
Divorce Mediation
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.
Generating options – in this stage the mediator helps each spouse outline their reasons for wanting certain outcomes in the settlement. Such reasons consist of each spouses’ concerns, priorities, goals and values. By identifying the interests of a spouse it helps to frame the core goal of the mediation, which is finding a resolution of the issues that successfully addresses each spouses’ most important interests. In a number of cases the majority of issues need to be examined from the perspective of each spouses’ interests, this includes property and debt division, child custody, child support and spousal support. At times spouses’ interests may overlap especially when it has to do with children.
When such an overlap occurs this increases the chances of finding settlement options addressing their common concerns. However, it is important to note that it is not always possible to negotiate an agreement that satisfies both disputing parties’ interests. And as a result some interest may have to be compromised especially when there is limited resources that need to be divided between two households. However, if the focus remains on identifying and addressing each person’s most important needs and interests, the resulting compromises are ones that both spouses can live with.
Each mediator has their own preferred technique and steps when it comes to this stage, some prefer to conduct the stage in separate sessions while others favor joint sessions. Either way can work, but separate sessions will have to be repeated to the other spouse.
Reaching agreement stage – once the spouses frame the issues and interests clearly, it is now time to negotiate a settlement. This is the negotiation stage and usually begins with exploring possible options available to the spouses. With the assistance of the mediator the spouses discuss and evaluate the options until they narrow down the options the best for them. The stage comprises of compromises and concessions on both sides as well as a problem solving aspect in order to address each spouses’ most important interests as fully as possible.
Implementing agreement stage – in this stage the settlement agreement is put into writing and circulated to both spouses to review with their legal advisors. Many mediators, especially those who are also lawyers, will prepare the written agreement that will be filed with the court. It is advised to have a divorce lawyer Toronto to look at your own draft agreement on your behalf.
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.