Ending a relationship is not a simple thing—it comes with a lot of complexities. However, if you and your spouse mutually agree and want to end with a happy note, then an uncontested divorce is for you.
However, to get the entire procedure done with complete ease, you will need the help of an uncontested divorce lawyer. They can play a crucial role in handling the case properly without causing any sort of disturbance in both of your peace of mind.
Moreover, this kind of divorce takes much lesser time to get finalized compared to a contested one. As a result, you don’t need to run several errands in court. If not more, they are also less expensive.
Want to know in detail? Let’s get started by understanding at first what is an uncontested divorce.
What is Meant by Uncontested Divorce?
The divorce that takes place between a couple with mutual consent and not having any complaints against each other is termed an uncontested divorce.
They are also popularly known as joint divorce or a no-contest divorce. They are the fastest and easiest form of divorce compared to all the other kinds of divorce.
And why not?
The couples have agreed mutually on everything. And when there is full consent from both sides, then obviously, there remains no chance of any fight. After all, they have agreed upon every clause after thinking about everything and then have taken the final call. As a result, the judge also finds it much easier to process and grant the divorce.
You will find it surprising to believe, but they also come with much lesser hassle than one can find themselves while fighting for a contested divorce.
Whether it be the constant fight regarding the assets, children, or anything, they are extremely hard to deal with. And the lesser time the divorce takes to finalized, the less pain and suffering you will feel.
Why Should You Hire an Uncontested Divorce Lawyer?
Divorce is such a chapter of our life which you want or not. You will still find it hard to forget and move on in life, especially if the entire divorce procedure takes up a lot more time than expected.
Many people have a common misconception that if they agree mutually on all the terms and conditions, then they might not need a divorce lawyer to handle their case.
Instead, they can get a divorce easily. Well, it is not their fault also. We all know how cruel and costly getting a divorce can be, especially including the lawyer charges.
And the bitter truth is no matter how much you agree on all the clauses, the chances are high that you will still find yourselves fighting with each other. Worry not; it’s absolutely normal!
After all, forming a relationship is much easier than breaking it. And not everyone has the same capacity to control their emotions. It is something that takes time to heal.
Let’s see how they can be a great help to you and why should you hire them even though your divorce is uncontested:
Advice about Your Legal Rights
Even if your divorce is uncontested, it is essential that you have proper knowledge about all your legal rights, such as how the assets and properties get distributed in a divorce, child support, spousal maintenance, etc.
If you don’t know these things work, then chances are high you may end up giving away your legal rights without even your realization.
So, if you don’t want to face any such situations and want a peaceful future, hiring a divorce lawyer is the best option to go for. They know how these things work and can help both of you protect your legal rights with their guidance.
Doing All Paperworks
It is normal for us to be unfamiliar with all the terms and conditions of the court. And a simple mistake in doing any paperwork or missing any documents submission deadlines is enough to delay things. It is where a divorce lawyer can play a crucial role by being the true savior.
Right from doing all the paperwork to guiding you in every step, they will always be there beside you whenever you need them. As a result, all the complicated things will become simpler, and thus you can get a peaceful divorce.
Doing Communication with Your Spouse
If you and your spouse couldn’t agree on any clause, then also with their knowledge and expertise, they can help you reach a mutual decision.
It’s quite common for couples to not agree on all terms and conditions, especially while getting a divorce. In such situations, a lawyer can be a great help for sorting things out.
They can do all kinds of talking on your behalf, as the more you interact and get in connection with your spouse, the more things will become tougher and complicated for you. After all, at the end of the day, we are all human beings full of emotions.
Hence, while getting a divorce, it is more than necessary that you have a lawyer beside you. So you can get through this tough time of your life with ease.
What Kind of Documents You Will Need for an Uncontested Divorce?
The word divorce comes with a lot of complexity. Hence, whether it is a contested or uncontested divorce, you will need plenty of legal documents to finalize it. Failure to provide any of the necessary documentation may end up delaying the entire procedure.
So, before heading out to the court, make sure that you have all the necessary documents for the successful processing of the entire procedure.
Below is a checklist of the documents that you must have while getting a divorce:
- Marriage certificate
- NID (National Identification Card)
- Government-verified picture
- Separation contract (if you have any)
- Bank statements
- Mortgage and business documents
- Tax returns
- Insurance policies
- Mail, letters, or any written agreement that shows your spouse has their full consent to the divorce
- Parenting plan—having an estimation of the parenting time and the decision-making liability (in case if you have any natural or adopted children)
How to Know You are Eligible for Uncontested Divorce?
There are some general criteria that every couple must fall under to appeal for an uncontested divorce. So, before filling one, make sure to check the list of the eligible criteria.
So, what are they? Let’s find out:
- Officially married and want to get divorced based on a mutual contract
- Need to verify that you will not file cases and compete against each other
- Have lived separately for a minimum period of 1 year counting from the date of starting any legal proceedings
- Make sure that the child support is included and being paid properly within the fixed deadline (it should comply with the Federal Child Support Guidelines)
- You have experienced any kind of physical or mental brutality
- Your spouse has committed adultery
Cost of Uncontested Divorce
Usually, divorce comes with a lot of expenditures. However, compared to the contested divorce, the uncontested one comes with a lesser cost. And it is much more affordable as here you both share the expense, and there are no defendants.
To simply put, as there is no fight, the cost automatically gets reduced. Moreover, in this kind of divorce, there are fewer hearings and paperwork that you need to do compared to a contested divorce.
Besides, the overall cost of your divorce will greatly depend on your lawyer’s fees. In Canada, a divorce lawyer fee typically varies from $1401 to $1600 in western Canada. In contrast, these may cost you around $1001 to $1200 in eastern Canada.
It is a general estimation and may vary from case to case, depending on the lawyer, area, and complexity of the case.
When Should You Avoid Uncontested Divorce?
Though uncontested divorce comes with a lot of benefits, there are some situations where you must avoid thinking of appealing for an uncontested divorce. They are:
- Your spouse has deceived you.
- You are experiencing any physical or mental cruelty.
- You want to get a divorce, but your other half doesn’t want one.
- Your spouse doesn’t want to pay child support or take any responsibility for the child.
Any of the above conditions are the severe aspects of any divorce case. And can take a bad turn depending on the complexity of the case. If by any chance, your case is similar to any of the above-mentioned points, then the ideal option is to appeal for a contested divorce.
Getting divorced is one of the most challenging and hectic situations where one possibly can find themselves. If not more, the court will leave no stone unturned to increase your stress.
Therefore, even if you mutually agree with each other, you should still hire an experienced uncontested divorce lawyer. They can certainly make your path much faster and smoother. And the more quickly all these things will be sorted, the more quickly you both can move on in life happily without facing any more struggles.
Frequently Asked Question
Have a look at the below queries if you have any dilemma in your mind to clarify:
What is uncontested divorce Canada?
An uncontested divorce is a divorce where both the spouses mutually agree to get divorced and promise not to go against each other. In other words, they want a fast, simple, and peaceful divorce. This kind of divorce is known as uncontested divorce in Canada.
What happens when one spouse doesn’t want a divorce?
If any spouse doesn’t want to get a divorce, then the only way to end the marriage is to appeal to the court. Here, the judge will grant the divorce depending on your case. However, the entire divorce procedure will be a bit costly and time-consuming.
How long does an uncontested divorce take in Canada?
Generally, an uncontested divorce takes around 4 to 5 months, counting from the appealing time to getting the final divorce decree.