Family Lawyer Calgary Blog

Uncontested and Contested Divorce

Difference Between Uncontested and Contested Divorce in Canada?

Marriage is one of the beautiful relations that cannot be found in other affairs. But when misunderstanding and doubt start, it is no more beautiful. And at one point, when there is no hope to carry the relation, then divorce occurs.

However, divorce is not always a bitter experience. It is also known as one step closer to freedom. Both the partner gets enough time to give themselves to build their career. And if they have children, the children will also get enough time to spend with both parents.

Therefore, in this article, you will get to know about uncontested divorce that is one of the types of divorce. Read more to know in detail if you are already planning to do so.

What is Uncontested Divorce?

If both parties settle on all issues regarding property division, child and time-sharing, child support, and allowance, they can continue with an uncontested divorce. The parties can come to a contract either before or after the appeal is filed. However, it is required to file an appeal to proceed with any divorce, whether contested or uncontested.

Moreover, the documents known as pleadings must be filed with the court in a divorce. If there are any debts, assets, or allowance issues, the parties must go through a marital settlement agreement. This includes the terms agreed upon by the parties about debts, assets, and allowance, and if children, then the child supporting term will be included.

It is not required to file a contract if the parties agree on no marital assets and liability. Instead, the parties need to file and execute a parenting plan if they have children.

If you want to learn more about uncontested divorce, click here to get some in depth and information.

Top 3 Reasons for Divorce

There are 3 acceptable legal reasons to get a divorce, according to the Divorce Act. Those are as follows:

Separation

When the partners are living separately for at least a year, they can file for a divorce. But if the partners cannot live apart due to a financial crisis, they have to prove that in court.

Adultery

If your partner has an extra material affair with someone else, then you can take a step to file for divorce. To prove that, necessary evidence should also be given.

Cruelty

Cruelty means physical or verbal abuse due to alcohol, drug, or any other addiction. It also needs to be proved in the court with adequate proof. As abusing is at the ultra-level of torture, it is not even possible to continue the relationship.

Difference Between Contested and Uncontested Divorce

There are basically two types of divorces. One is contested, and the other is uncontested. So, if you are interested to know the difference between them, then keep reading below.

We are going to design all the possible differences in a chart so that it is easy to be read without any time consumption.

Subject Matter Contested Divorce Uncontested Divorce
Definition When the divorce does not occur through mutual discussion and understanding between the partners, it is known as a contested divorce. When the divorce occurs through mutual discussion and understanding between the partners, it is known as an uncontested divorce.
The time required to be solved It takes more than 18 months to resolve the contested divorce. It takes a couple of weeks to months to resolve the uncontested divorce.
Legal fees As divorce requires much more time, the fees are also more. Fees are comparatively less compared to a contested divorce.
Maximum decision maker The judge is the person who is behind in giving the maximum decision. As the divorce takes place due to the decision of the partners, they are the maximum decision-maker.
Example Anyone of the spouse disagrees on any term related to child support, allowance, property division, etc. Both the spouse agreed on child support, allowance, property division, and others.

Contested and Uncontested Divorce Procedure

From the above information, it is already clear that uncontested divorce is far easy and quicker than the contested divorce. But, it is essential to take a lawyer’s help if the couple is ready to get a divorce through mutual discussion and abiding by all the rules.

Contested Divorce Procedure

File Divorce Documents

Wait For Respond

Case Management Conference

Detection

Judge Trial

Final Decision Entered

Uncontested Divorce Procedure

Draft Documents

Spouse Reviews And Signs Documents

Judge Reviews And Signs Documents

Final Decision Entered

Benefits of Uncontested Divorce

There are a number of benefits that a couple can enjoy after having an uncontested divorce. Those are as follows:

  1. Less legal fees and time are required.
  2. It is also less traumatic.
  3. Good understanding even after the divorce.
  4. Gives adequate time to the children.
  5. Can think about a career peacefully.

Uncontested Divorce Lawyer

It is beneficial to hire a lawyer for support, even if it is assumed to be an uncontested divorce. It is essential that a lawyer prepares or analyses the agreement you have made with your spouse. Moreover, a lawyer will ensure whether the deal is legal, fair, and appropriate or not.

A solicitor will also ensure the filing of all the necessary documents and all the required procedure’s accuracy. Through this, you can get divorced as soon as possible. It is best to get it done right the first time, as it will not be able to alter the distribution of debts and assets once the final judgment is entered.

However, the time-sharing, child support, and alimony concerned terms can be changed later. But the changing method is also complicated.

Do not worry as long as we are here by your side. Therefore, we are always ready to help you, and you can simply contact us at FAMILY LAWYER CALGARY.

The Bottom Line

People look for peace in the family. But what if the family becomes the place of conflict. And then, to gain peace again, the couple goes for separation either mutually or forcefully.

So, you have already known about uncontested divorce from the above information, which is done through mutual discussion. Moreover, you have also learned the complete differences between contested And uncontested divorce.

Divorce has a significant impact on the life of children if there are any. So, all the things should be cleared before taking a divorce. And for that, the importance of a lawyer is enormous.