Divorce or separation can be a difficult and emotional process, and the type of divorce you choose can have a significant impact on the outcome. In Ontario Family Law Act, divorces can be either contested or uncontested. Understanding the difference between these two types of divorces can help you determine the best course of action for your situation. In this blog, we will discuss the difference between a contested and uncontested divorce in Superior Court of Justice
Definition of Contested and Uncontested Divorce
A contested divorce is when spouses cannot reach an agreement on issues such as property division, child custody, and support. This type of divorce often involves a trial in which a judge will make decisions on behalf of the parties involved. In contrast, an uncontested divorce is when both spouses agree on all issues related to the divorce, and the divorce can be finalized without the need for a trial.
Legal Process
In a contested divorce, the legal process can be lengthy and expensive. The court will need to make decisions on issues such as child custody, support, and property division. Both parties will have to provide evidence and testimony in court, which can be stressful and time-consuming. On the other hand, an uncontested divorce can be completed relatively quickly and without the need for a trial. The parties involved can negotiate a separation agreement, which outlines the terms of the divorce and can be submitted to the court for approval.
Role of Lawyers
In a contested divorce, both parties will have to retain a lawyer to represent them in court. The TCZ Law lawyer can help the parties navigate the legal process, gather evidence, and present their case in court according to family law rules. If the parties can agree on all issues related to the divorce, they can submit a joint application for divorce, which can be relatively inexpensive.
Child Custody and Support
In a contested divorce, child custody (decision-making responsibility) and support are often the most challenging issues to resolve. The court will need to make decisions based on the best interests of the child, which can be a complex and emotional process. Both parties will need to provide evidence and testimony in court to support their case. In an uncontested divorce, the parties can negotiate a separation agreement that addresses child custody and support. If the parties can agree on these issues, the court will generally approve the agreement without the need for a trial.
Property Division
Property division is another challenging issue in a contested divorce. In the context of Divorce Act in Ontario, the court will need to divide property and assets fairly between the parties, which can be a complex process. Both parties will need to provide evidence and testimony in court to support their case. In an uncontested divorce, the parties can negotiate a separation agreement that outlines the division of property and assets. If the parties can agree on these issues, the court will generally approve the agreement without the need for a trial.
In conclusion, the difference between a contested and uncontested divorce in Ontario lies in whether the parties can reach an agreement on issues related to the divorce. A contested divorce involves a trial in which the court will make decisions on behalf of the parties, while an uncontested divorce can be completed relatively quickly and without the need for a trial if the parties can agree on all issues related to the divorce like child and spousal support. TCZ Lawyer Eric Zhao can help you navigate the divorce process and ensure that your rights are protected.
