The process of getting divorced can be overwhelming, but there are ways to make it simpler. An uncontested divorce where spouses agree on the terms of their marriage dissolution could help move the process along much quicker and smoother. Let a knowledgeable Toronto uncontested divorce lawyer help resolve any issues in a timely and cost-effective manner so you can move on with your life sooner rather than later.
To seek an uncontested divorce, you must meet the prescribed grounds for divorce under Toronto law. For instance, a court may grant an uncontested divorce if you and your spouse have been living separately for a period of at least one year or if your spouse committed adultery and you’re now seeking divorce because of said adultery.
An uncontested divorce differs from contested divorce filings in that you and your spouse will have resolved and agreed upon any potential marital issues, including but not limited to property distribution, spousal support, child support, and custody.
Many times, an uncontested divorce is cheaper and resolves faster than contested cases. A dedicated lawyer in Toronto, such as Paul Riley, could help determine whether an uncontested divorce is possible in your circumstances.
An application for an uncontested divorce can be brought before a local tribunal in one of two ways. A simple divorce application can be used when the request is solely for a divorce and contains no other claims, such as for the division of property between you and your spouse.
The other type of application is a joint divorce application, which is brought by both spouses jointly with the consent of both parties and may include other claims if the parties are in agreement.
A simple application for divorce must be served on your spouse after it’s filed with the court. After receiving the simple divorce application, your spouse has 30 days to file a response with the court to either contest or consent to the divorce, according to Section 10 of Ontario’s Family Law Rules. If a response to the simple application for divorce is not filed within the prescribed time period, the divorce defaults to an uncontested divorce.
Once a divorce is marked as uncontested, you can proceed to the required filings for a Divorce Order from the court and a Certificate of Divorce. If everything goes as planned in your uncontested divorce, the case may be finalized within three to four months. One of our skilled Toronto lawyers could help guide you through the uncontested divorce process and ensure compliance with all applicable rules.
The end of your marriage can be a difficult and emotional time, no matter how much you and your spouse are able to agree. Still, pursuing an uncontested divorce could make the process much less time-consuming and stressful so that you and your spouse can move on amicably.
An experienced Toronto uncontested divorce lawyer understands the procedures and costs of such a divorce and could help skillfully guide you through the process. Schedule your uncontested divorce case consultation at any time.
The Riley Divorce & Family Law Firm
