What is the Difference Between an Uncontested and Contested divorce?

The term ‘divorce’ is a familiar concept which means that the marriage has broken down and come to an end.  When a judge makes a divorce order your marriage is legally terminated.

Some people mistakenly believe that they may eligible for a divorce whenever they want.  This is a false notion.  There are only three grounds for divorce:  (1) Separation for at least 1 year, (2) Physical or Mental Cruelty, and (3) Adultery.

It is also important to note that a judge may deny a divorce order if there are any outstanding issues such as child custody or child support.  Therefore, your divorce may be prolonged until such outstanding issues are resolved.

As there are different grounds for a divorce, there are also two different ways in which a divorce application may proceed: (1) contested and (2) uncontested.

When a divorce application seeks only a divorce and is based on the ground of separation for one year then it is considered an uncontested divorce. However, if the divorce application seeks additional claims, such as child support, or is based on the grounds of adultery or abuse, the divorce is considered a contested divorce.

An uncontested divorce is usually quicker, easier and less costly than a contested divorce.  An uncontested divorce may be filed by one spouse or by both spouses jointly.

To get the uncontested divorce process started, contact our Toronto divorce lawyer now.

Helpful Resources:

Divorce and Separation
Family Justice Services
Child Custody and Access
Spousal Support
Child Support
Division or Equalization of Family Property
Treatment of a Matrimonial Home
Enforcement of Support Payments
Child Protection
Child Adoption

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