An uncontested divorce is an alternative to a divorce trial in a law court.This is a route commonly taken by people who seek divorce. For an uncontested divorce to hold, the parties involved much reach an agreement concerning all contending issues necessitating a divorce. This means there must be a separation agreement defining how issues such as splitting of assets, management of custody will be addressed. An uncontested divorce is far cheaper than the conventional court proceedings; it also provides a platform for couples to quietly end their marriage with dignity.
Unfortunately, as a result of heightened emotions and rancour, most divorces start with one party threatening litigationand a divorce agreement is reached only after delayed and expensive negotiations involving an attorney or a mediator.
When is it right to litigate?
Although some persons think that to get a fair divorce, a lawyer must be hired; actually, the government of Canada has laid down guidelines on how divorce matters are solved. Adhering to these guidelines and reaching an agreement will amount to the same result as when the guidelines are imposed on you by a judge after a prolonged trial.
It is worthy of note that except your spouse is unwilling to cooperate or your case is exceptional, mediators and lawyers are not required to obtain a divorce.
How to get an uncontested divorce in Ontario?
For you to qualify for an uncontested divorce in Ontario, you and your spouse must agree on all issues regarding the divorce. This requires your ability to communicate with your spouse and maintain the right atmosphere for negotiation. It is imperative that a couple be transparent and clear about their needs, wants and individual situations.
The guidelines established by the government for child support are absolute and it isn’t possible to depart from the payment amount calculated. Although there are government guidelines which determine division of assets and spousal support which we recommend that you follow, it is also possible for couples to reach an agreement based on their particular situation. Many couples have realized that the best way to go through a divorce is to evade the financial and emotional cost of a court trial by reaching an agreement between them.
Steps to take:
An uncontested divorce requires only the couple and a court clerk. Anyone can file all the paperwork without a judge or visiting a law office. The following are the major steps to be completed.
- Live separate and apart for one year
To begin the process, a couple needs to start living separate and apart from each other. It is not mandatory for a partner to move out of the home. A separation is valid so long as there is separation of personal lives e.g eating separately, sleeping in different rooms etc.
- Have a separation agreement in place.
All the terms of a divorce must be agreed upon and documented as a separation agreement which is the most important document. It defines the responsibilities and rights of both parties after the divorce and it avoids the need to hire a lawyer.
- File a divorce application
After a couple has lived separate and apart for at least one year, they can file for a divorce; this final step that ends the process. The application can be filed in two ways:simple or joint. In a simple application, one party files the application and serves the papers to the other. A joint divorce application takes place when both parties file the divorce application together.
For further information on uncontested divorce in Ontario, please visit http://www.thedivorceangels.com/.