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Uncontested Divorce

When couples in Ontario agree on all issues related to their divorce, such as property distribution, child custody, spousal support, and financial matters, they may file for an uncontested divorce. There are two types of uncontested divorce applications available in Ontario: ‘sole’ and ‘joint’.

In a ‘sole’ divorce application, one spouse initiates the process and serves the other with the divorce application, and the other spouse does not contest the divorce or raise any issues. This can be a good option for couples who have reached an agreement on all issues and are simply looking for a streamlined way to finalize their divorce.

In a ‘joint’ divorce application, both spouses attend the office of family law lawyers to sign the necessary paperwork indicating their intention to divorce, without initiating any action against each other. This option can be particularly beneficial for couples who are on good terms and are able to work together to reach an agreement.

In conclusion, divorce and separation can be difficult and emotionally challenging experiences. It is important to seek the advice of a qualified lawyer to ensure that your rights and interests are protected. 

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Uncontested Divorce in Ontario

Requirements for Uncontested Divorce in Ontario

Divorce and separation can be some of the most emotionally challenging experiences a person can go through. When a marriage or common-law relationship comes to an end, it is important to seek the advice of a qualified divorce lawyer to ensure that your rights and interests are protected.

If you want to use our Ontario uncontested divorce service, you and your spouse must meet certain requirements. Below are the mandatory requirements and information about the process:

  • The uncontested divorce service is only for clients seeking a divorce and not for those who require legal advice on property division, custody, or child support /spousal support. If you need legal advice, you can contact us for a consultation with one of our divorce lawyers.
  • Ensure your spouse will not contest the divorce or make any claims against you. If there are any unresolved issues between you and your spouse, such as custody, support, or division of assets, contact us for a consultation about your potential rights and options.
  • According to Ontario law, your spouse must be served with the divorce documents, except in the case of joint divorces. Our law firm will arrange service for your spouse, but their cooperation is important to ensure a smooth process. If your spouse’s whereabouts are unknown, we can still assist in obtaining the divorce.
  • You or your spouse must have lived in Ontario for at least 12 months before the uncontested divorce process begins, and at least one of you must continue to live in Ontario throughout the process. You don’t need to be a Canadian Citizen or Permanent Resident to obtain an uncontested divorce.
  • Child support must be paid or agreed to be paid according to the Federal Child Support Guidelines. Although there is no requirement for a formal agreement or court order, you will be required to sign an affidavit detailing the support arrangement.
  • There are two fees associated with an uncontested divorce: our legal fee of $850 plus HST, and the government filing fee of $632.
  • It usually takes four months to be granted an uncontested divorce in Ontario. If you plan to remarry, you must wait 31 days after the divorce is granted.

An uncontested divorce is often the preferred option for couples seeking a quick and easy divorce process that involves lower costs and less stress, as both parties do not have to appear before the court. This option is especially beneficial when children are involved, allowing both parties to move forward amicably and without a lengthy legal process.

Moreover, utilizing an uncontested divorce solely to avoid disputes may simply postpone crucial issues that must be resolved later, such as child support or other family law matters. It is essential to ensure that all legal issues are adequately addressed in the divorce agreement to prevent future conflicts and to protect your legal rights.

Skilled divorce lawyers can assist you in navigating the legal complexities of a divorce, including matters related to child support and family law. They can advise you on the best options for your case, and ensure that your interests are protected throughout the process. Ultimately, consulting with a lawyer can help you make informed decisions and achieve a successful divorce outcome that is fair and equitable for all parties involved.

Advantages of Uncontested Divorce

  1. Cost-Effective: One of the main advantages of uncontested divorce is that it is generally less expensive than contested divorce. Because the parties are able to resolve all aspects of their divorce without the need for litigation, they can save on legal fees and court costs. Consulting with a family lawyer can provide valuable guidance and ensure that the divorce agreement is legally sound.
  2. More Amicable: Uncontested divorce can be a less contentious approach to ending a marriage. By working together to come up with a mutually agreeable solution, the parties can minimize conflict and reduce the emotional toll of the divorce process. 
  3. More Control: With uncontested divorce, the parties have more control over the outcome of their divorce. They can negotiate and make decisions that are in their best interests, rather than leaving the decision-making to a judge.
 
While uncontested divorce can be a relatively quick and easy process, it does have some disadvantages that should be considered. One of the main disadvantages is that it may not be suitable in cases where there is a significant power imbalance between the parties. In such cases, one party may be able to exert undue influence over the other, resulting in an unfair outcome. This can be particularly problematic when it comes to issues such as child custody or spousal support, where a power imbalance can lead to one party being unfairly advantaged.
 
Another disadvantage of uncontested divorce is that it may not be appropriate in cases where there is a significant disagreement between the parties. If one party is not willing to negotiate in good faith, uncontested divorce may not be possible, and it may be necessary to pursue a contested divorce instead..
 
Finally, it is important to note that even in cases where the parties are able to reach an agreement, it may not be a perfect solution. Uncontested divorce agreements are typically negotiated without the input of a judge, and as a result, may not fully take into account all the legal requirements and nuances of the situation. 

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    Toronto, ON M5H 2S8

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North York Location

  • Please serve all documents to our Downtown Toronto location

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