Uncontested Divorce

UNCONTESTED DIVORCE

With appropriate due diligence and planning, an uncontested divorce can bring a clean, clear, less costly end to your marriage.

What is an Uncontested or Joint Divorce?

A joint divorce is what everyone hopes for. There is no defendant. Both parties jointly file the statement of claim for divorce.

All decisions have been made and agreed on. There is no need for a defendant because there is nothing to defend. There is no requirement of service of documents; there is no 30-day appeal period after the divorce judgment is granted.

An uncontested divorce is one where one party decided to initiate the divorce by filing a Statement of Claim for Divorce or Statement of Claim For Divorce and Division of Matrimonial Property. The Statement of Claim is then personally served on the estranged spouse.

Condition for filing Uncontested Divorce

In Canada, an “uncontested divorce” occurs under one of two conditions:

The opposing party files no answer to the initial divorce filing within a 30-60 day period after being initially physically served with papers…

Or…

Both spouses file jointly, with no disagreement over any pressing issues.

Before proceeding, have your spouse’s most recent contact information available for service purposes. Take note also that if you file jointly, a judge is more likely to see the mutual desire to end the marriage and grant the divorce with little fuss.

If possible, you both should consult with an attorney. Though you may both agree that you want the marriage to end, it’s in the interest of peace of mind and thoroughness that you both should be sure you’re in complete agreement on all crucial separation of property, division of assets and (if applicable) custody and support considerations before filing. Contact Mandeep Saggi of Saggi Law Firm, he will guide you the easiest way for such situation.

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