An uncontested divorce proceeding is one in which your only claim is for a divorce order. This often happens with marriages that are short, and marriages where there are no children or property disputes. One of the biggest differences between contested and uncontested divorces is the time it takes to become finalized. Uncontested divorces will usually go through relatively quickly. Also, an uncontested divorce does not require a trial, discovery, or other time consuming legal procedures. That means that legal fees will be much less expensive* in an uncontested divorce than a contested divorce.
For couples who have children, it is normally recommended that the parties first negotiate a separation agreement outlining settlement terms with respect to all issues, such as custody, access, child support, section 7 special or extraordinary expenses, spousal support, net family property equalization and property division. When that is done, one party or both parties jointly may file an application for divorce (simple) on an uncontested basis. Alternatively, a divorce order may be obtained within a contested divorce application, in which a claim for divorce is one of many issues.
*An uncontested divorce is a flat-fee service. Please call/email us today to receive our “Frequently Asked Questions on Uncontested Divorce” article and to learn more about our uncontested divorce service.