What is an uncontested divorce?

What is an uncontested divorce?

Our society has certainly changes its attitudes towards divorce over the years. In 1979, the film Kramer vs. Kramer was released to audiences across North America. At the time, the film was ground-breaking in that it depicted the realities of modern-day divorce. Today, the movie certainly wouldn’t be considered news, since such divorces are more commonly accepted, for good or for ill.

In that movie — and in many other popular depictions of divorce — long, emotional and protracted battles are staged in which every element of the divorce, especially child custody, is fought tooth and nail. In fact, even in real life, we’ve all probably witnessed or heard of divorces that became messy and embittered.

Divorces don’t have to be messy

However, divorces don’t actually have to be this way. Indeed, divorces can be mutually-agreeable procedures in which both parties efficiently negotiate the final terms. In fact, there is something in divorce law called an uncontested divorce, which can be so agreeable that all that’s needed is for one side to set the terms, and the other side not contest it. Let’s take a closer look at the details of such uncontested divorces.

First, it should be noted that an uncontested divorce should not be sought if there is any reason to believe that the other party will defend their own interest or dispute the divorce’s stipulated terms. If any of the latter happens, then the processes used to obtain an uncontested divorce will have been done in vain.

Three types of applications

In Ontario, there are three types of applications for an uncontested divorce. A simple application is simply a request for a divorce. A general application involves a request for a divorce along with some other claims surrounding the divorce. A joint application for an uncontested divorce involves the bringing forth of the request for divorce, as well as other possible claims,  by both parties, and requires full consent of all terms by both the parties.

Apart from the type of uncontested divorce requested, any application for divorce in Ontario should generally be brought to a court in the municipality where one lives, or in the municipality of where the child lives if you are asking for custody of or access to that child.

If you need a professional advice on family law, or if you’re thinking of divorce, please phone us here at Hosseini Law Firm (HLF) for a 15 minute free consultation: 416-628-4635, or please use the contact form provided on this page. Thank you.


Posted on by Behdad Hosseini
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