Uncontested Divorce

What is an Uncontested Divorce?

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When filing a divorce in Ontario, there are two types of uncontested cases:

Uncontested Sole Divorce: When both spouses are in agreement about the divorce and do not oppose the divorce, either the husband or wife files the divorce papers with the court asking for the divorce. Once the papers are filed with the court, your spouse is served with the divorce papers. Your spouse then has 30 days to contest or challenge the divorce, or make a claim such as for support, property, custody, etc. If your spouse does not challenge the divorce within the required period, the divorce will proceed as “uncontested” and will be finalized by the court.

Uncontested Joint Divorce:The second way to proceed is to file a joint divorce. In this type of filing, both husband and wife sign and swear the divorce papers. Neither spouse is suing the other for divorce – you are telling the court that you both want the divorce. In a joint divorce application, spouses can also jointly ask the court to include an order relating to custody, access, support if both spouses agree to the terms.

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Uncontested Divorce Requirements Ontario

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When filing an Uncontested divorce in Ontario, you must meet some requirements:

Residency for uncontested divorce: Either you or your spouse’s current place of residence must be in Ontario and must have been so for at least one consecutive year at the time the divorce is filed. This simply means that either you or your spouse must have been residing in Ontario for at least 12 months before filing for an Ontario divorce.

Divorce Only: In a simple uncontested divorce, you are asking the court for a divorce only. Your spouse does not have to be cooperate in order for you to complete your divorce. However, in an uncontested divorce, it means that both spouses are in agreement about the divorce and it is uncontested. Therefore, your only claim can be for divorce. If you have other issues to deal with, such as support or custody, and you and your spouse cannot agree on the the terms, you should seek legal advice from one of our Toronto divorce lawyers. If you start your case with DivorceOffice and it becomes “contested” afterwards, we will provide you with your options.

Legal Basis for Divorce: In order to use our divorce services, your divorce can be based on one year of “separation,” Adultery or Cruelty. For the grounds of Separation, The Divorce Act requires that you must be living separate and apart for one year. However, this does not necessarily mean that you must been living in separate residences. You may be living in the same residence for economic or other reasons, but still considered to be living separate and apart. Remember, you can still file for divorce before your one-year separation period but your divorce will be granted once that period is up.

Separation Agreement: A Separation agreement is not required in order to file for a divorce in Ontario. However, many couples filing an uncontested divorce in Ontario decide to file a separation agreement in court with their Ontario divorce. Why? Instead of going to court and spending thousands of dollars to resolve issues such as child custody, support, and property settlement, drafting a separation is an affordable method to resolve these issues. Filing a separation agreement with an Ontario divorce application allows individuals to be at peace of mind knowing that it is an enforceable document in court.

Missing Spouse: If you cannot locate your spouse and need to file a divorce, you may still be able to file an Ontario divorce without serving your spouse with the divorce documents. If you find yourself in this situation, please contact us for more details.