Moving out before you formalize a separation agreement with your spouse could jeopardize your financial portfolio and your rights to...
In Halifax, an uncontested divorce means both spouses agree the marriage is over and agree about related issues as well. A contested divorce means that one of the spouses doesn’t agree. The disagreement could stem from the ending of the marriage itself or on issues related to property division, support, or parenting.
It’s possible to handle a truly uncontested divorce with limited legal help. However, you should hire a Halifax family lawyer as soon as children, significant assets, or a serious disagreement are involved.
An uncontested divorce is one where you and your spouse agree on everything, namely:
Spouses often put these terms into a separation agreement, then file a divorce application with the Supreme Court of Nova Scotia (Family Division) in Halifax.
Because no one is asking a judge to resolve a dispute, the process is usually faster, cheaper, and less stressful. Under the federal Divorce Act, the most common ground to cite is that you have lived separate and apart for at least one year. In some cases, you can be separated while still under the same roof, as long as you live separate lives.
A contested divorce means you and your spouse disagree about at least one issue. Common disputes include parenting arrangements, child support, spousal support, the matrimonial home, pensions, and business interests.
Contested does not always mean going to trial. Most contested cases settle through negotiation, mediation, or a settlement conference before a judge ever rules. When settlement fails, a judge decides the outstanding issues after hearing evidence from both sides.
Contested also doesn’t have to mean combative. Hiring a lawyer doesn’t necessarily mean choosing a fight. Many Halifax family lawyers focus on negotiation, mediation, and collaborative approaches that protect your finances and your children’s stability. Getting advice early can help smooth the process by clarifying issues before they harden into disputes.
Support issues can quickly become complicated, and many people have difficulty with the complex financial disclosures required. According to Statistics Canada, 81 percent of active family law cases in 2024/2025 were ongoing from the previous year. These delays were largely due to the substantial time and court resources required to address support issues and contested positions. Having a Halifax family lawyer help you work through issues with your spouse generally saves time and stress in the long run.
In an uncontested divorce, a “separation agreement” isn’t a requirement, but it often makes things easier. Nova Scotia law does require an agreement called the Consent to Corollary Relief Order. This agreement deals with all decisions around the divorce. They then file this order and supporting documents. A family court judge reviews the paperwork and issues the divorce order. Often, this process can occur without either spouse attending court.
A contested divorce has more steps. One spouse files an application, and the other responds. Both exchange financial disclosure, attend conferences or mediation, and take any unresolved issues to a hearing or trial.
Yes, you can get a divorce in Halifax without a lawyer. Nova Scotia’s courts accept applications from self-represented people. For uncontested divorces, a joint application is available when both spouses agree. However, forms must be complete and accurate, and mistakes cause delays or rejected filings.
More importantly, an agreement signed without legal advice may not protect you. Waiving spousal support, misjudging pension division, or accepting a parenting schedule that doesn’t suit your child can be very hard to undo later. Many people in uncontested cases have a lawyer review their separation agreement, then file the paperwork themselves.
Speak with a lawyer before signing anything, especially if any of the following apply:
A lawyer can also explain what a judge would likely order, which can help you in negotiations with your spouse.
At The Riley Divorce Firm, too often we see clients who waited to talk to a lawyer because they didn’t want to seem combative. Seeking legal advice early is actually more likely to reduce stress and make the process easier for everyone.
If you are separated or thinking about it, start preparing now. Make a list of your assets, debts, income, and what you want for parenting. Then schedule a consultation with us to discuss your situation. We help Halifax families at every stage in the process, from reviewing separation agreements to representing clients in court. Get clear advice and help when you need it most.
Q: What’s the difference between a contested and uncontested divorce in Nova Scotia?
A: In an uncontested divorce, both spouses agree on ending the marriage and on all related issues, such as property, support, and parenting. In a contested divorce, they disagree on at least one issue, and a judge may need to decide it if negotiation or mediation fails.
Q: Can I file for an uncontested divorce in Halifax without a lawyer?
A: Yes. If you and your spouse agree on everything, you can file with the Supreme Court of Nova Scotia (Family Division) on your own. Because errors can cause delays and an unfair agreement can be hard to change, many people have a lawyer review their separation agreement first.
Q: When should I hire a lawyer for a contested divorce?
A: Hire one as soon as you know you disagree with your spouse on parenting, support, or property, or if safety is a concern. Early advice helps you understand your rights, protect your finances and children, and negotiate from an informed position.
Q: How long does a divorce take in Halifax, contested vs uncontested?
A: An uncontested divorce often takes several months from filing once the separation requirement is met and the paperwork is complete. A contested divorce commonly takes a year or longer, depending on court schedules and how quickly the issues are resolved.
The Riley Divorce & Family Law Firm
