Contested Divorce vs Uncontested Divorce: What's The Difference?

For anyone who has considered a divorce, many questions naturally arise. What is the legal process? Would I have to go to court? What about the family property? These questions scratch the surface of the myriad of considerations that are involved in this area of family law. 

To help you gain your bearings, this article will unpack the differences between contested and uncontested divorces. We'll delve into the differences between these two paths, the prerequisites, and the importance of consulting an Ontario divorce lawyer.

What is a Contested Divorce?

A contested divorce occurs when there are disputes and disagreements between spouses about issues, such as child custody, child support, spousal support, property division, and more. 

When couples cannot reach a mutual agreement, they turn to family court to settle these matters. The court's intervention is essential in contested divorces to make decisions and ensure a fair resolution. The contested divorce process can be more time-consuming, complicated, and costly due to court proceedings and fees. 

What is an Uncontested Divorce?

An uncontested divorce occurs when parties agree on ending their marriage and the related terms. While the courts are the only authority in Canada to be able to grant a divorce, if parties are pursuing an uncontested divorce, it’s mostly a matter of paperwork and court fees.

Eligibility and Residency Requirements

To file for divorce in Ontario, specific eligibility and residency requirements must be met. 

One essential condition is that the two parties must be separated for at least one year. This is common to both contested and uncontested divorces, as this period of physical, emotional and financial separation confirms there is no possibility of reconciliation between spouses.

As it pertains to residency requirements, either you or your spouse must have been an Ontario resident for a minimum of one year in order to be able to initiate divorce proceedings in Ontario.

Can an Uncontested Divorce Become Contested?

While uncontested divorces are typically characterized by mutual agreement, they can potentially become contested if disputes arise later in the process. This shift can occur if one party, after initially agreeing to the divorce terms, decides to contest specific issues like child custody, spousal support, or others.

To minimize this possibility and ensure a smoother divorce process, it is advisable to try to reach a comprehensive and legally binding separation agreement before pursuing a divorce. This shows the Courts that all issues arising from the marriage have been resolved and the Court only needs to be concerned with the marital status of the parties, and granting the divorce. However, if a separation agreement is not possible, or an extended period of time has passed since the separation agreement has been signed and the parties or the children’s needs have changed, a divorce process may become more conflicted. Consulting with an experienced divorce lawyer is the best way to create a robust agreement that stands up to potential challenges.

Why Working With a Lawyer is Important When Getting a Divorce

When you decide to get a divorce, hiring a lawyer should be one of the first things you do, regardless of the type of divorce you will be pursuing.

In contested divorces, experienced legal counsel is essential for navigating the court procedures and safeguarding your rights. An experienced Ontario divorce lawyer will advocate on your behalf and work to protect your interests throughout the divorce process.

For uncontested divorces, while they may seem straightforward, unforeseen complexities can arise. A skilled lawyer can provide valuable insights, make sure that legal requirements are met, and ensure your agreement is thorough and legally sound. In both cases, a lawyer offers expertise, guidance, and peace of mind during this challenging time.

Alves Law - Making The Difficult Times as Easy They Can Be 

Whether it's a contested or uncontested divorce, the personalized guidance we offer at Alves Law can provide you with peace of mind during a challenging time. Don't just take our word for it; explore our client testimonials to discover how we've helped others in your shoes.

Contact Alves Law today and let us help you navigate this important chapter in your life.