Obtaining an uncontested divorce is the final step in the dissolution of your marriage.
Usually, we resolve all of the issues of your divorce including issues related to the children (custody and access), child support, spousal support and property issues before we proceed with the divorce. We settle these issues in a separation agreement or, if necessary, obtain a resolution through the court process.
A divorce can only be granted by a judge so it requires the completion of the appropriate court documentation, serving them on your spouse and filing them at court.. You won’t have to appear in court to obtain an uncontested divorce. Many people consider doing their own divorce and find it is too complicated. As a result, we do many uncontested divorces.
There are some conditions you must meet before you can proceed with your divorce.
1) You or your spouse must be living in Ontario and have lived in Ontario for at least one year if you want to obtain a divorce in Ontario.
2) You also have to file the documents in the court located in the area where one of you lives.
3) Another requirement is that there must be an agreement or order to pay the proper level of child support according to the Child Support Guidelines. If the proper amount of child support is not being paid, you will have to explain what other financial benefits are being paid in lieu of child support payments. For example, if the person who ought to be paying child support gives their spouse their equity in the matrimonial home in lieu of paying child support, a judge may allow the divorce to proceed.
Some people resolve all their divorce-related issues without completing the divorce. I remember one fellow who was about to get married and then realized he was still married. We had to rush through his divorce so he could tie the knot again.
The benefit of completing the divorce now is the sense of closure you will feel when you have it in hand. Our clients often return to complete the divorce when they start dating again. New romantic partners may be repelled by the fact that you are still married. Obtaining a divorce takes six to nine months to complete so you don’t want to wait until it becomes an issue in your new relationship.
If you would like us to assist you with your divorce, please contact us. We can help.