Uncontested Divorce

What Is an Uncontested Divorce?

In Ontario, an uncontested divorce is a court proceeding where both parties mutually agree on all matters related to their separation. This includes property division, child custody, spousal support, and other financial arrangements. It simplifies the divorce process by avoiding disputes and court appearances, making it a more affordable and stress-free option.

At Gregoire Meuse Family Law LLP, we offer two types of uncontested divorce services.

Sole Uncontested Divorce

One spouse initiates the process, serves the divorce application to the other, who does not contest the divorce or raise objections.

Joint Uncontested Divorce

Both spouses agree to the divorce and sign the necessary documents together without initiating any action against each other.

Requirements for an Uncontested Divorce in Ontario

Here are the conditions you and your spouse must meet to apply for an uncontested divorce:

Marital Status Change Only

If you need legal advice on property division, child custody, or support, contact us for a consultation with one of our divorce lawyers.

No Disputes

Ensure your spouse won’t contest the divorce or make claims for custody, support, or property. If disputes exist, a separation agreement or legal consultation is recommended.

Service of Documents

For sole divorces, your spouse must be served with divorce papers by mail or in person. We can assist with this process, even if their location is unknown.

Residency Requirement

Either you or your spouse must have lived in Ontario for at least 12 months and continue to reside there during the divorce process.

Child Support Compliance

If children are involved, child support must align with the Federal Child Support Guidelines. An affidavit confirming the child support arrangement may be required.

Pros and Cons of Uncontested Divorce

Pros:

  • Quick and Cost-Effective

    No need for court appearances.

  • Lower Legal Costs

    Saves time and money by avoiding lengthy legal battles.

  • Privacy

    Less personal information becomes part of public court records.

  • Amicable Resolution

    Minimizes conflict, ideal for couples with children.

Cons:

  • Limited Legal Recourse

    May not protect against future disputes if the agreement is not thorough.

  • Risk in Abusive Relationships

    An uncontested divorce might not address past abuse or power imbalances.

  • Missed Legal Insights

    Without proper legal advice, important rights and financial issues may be overlooked.

Can an Uncontested Divorce Become Contested

Yes, an uncontested divorce can become contested if the other spouse files an answer with additional claims (e.g., child custody or spousal support). To avoid this, we recommend having a separation agreement in place to resolve any outstanding issues before filing.

Contact Gregoire Meuse Family Law LLP

If you’re ready to take the first step or have questions, we’re here to help. Schedule your consultation by calling 416 528 1202 or filling out the contact form on our website. Let Gregoire Meuse Family Law LLP guide you through this process with care and expertise.

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