7 Steps to Prepare for an Uncontested Divorce in Canada

Ending a relationship like marriage is not a simple process. But sometimes, it becomes so easy when both parties can cooperate and can handle any issues. It seems complicated to get a legal divorce, but uncontested divorce is not as complex as regular divorce. This is considered as a simple divorce process in Canada.

Uncontested divorce helps a couple to get the separation quietly and with dignity, and the process of uncontested divorce is also very simple and easy. On top of that, the cost is significantly less than other kinds of divorce.

In this writing, you will know the step-by-step process of how to prepare for an uncontested divorce in Canada. So keep reading!

What is an Uncontested Divorce?

An uncontested divorce happens when a married couple agrees on separation and does not contest any part of the divorce. In other words, both parties have a mutual agreement to divorce.

In this case, no party is fighting against another party. Both parties are agreed to divorce because it is an easy-going process, saves time, and cost less.

Before applying for an uncontested divorce, a married couple has to meet certain conditions. Sometimes, at the time of separation, some big issues can arise, such as property distribution, child support, child custody, and so on. That is why they need to meet some conditions. They are the following:

• They need to make sure that they do not have any financial disputes regarding their assists or properties.
• It is required to have both party’s mutual agreement. They both need to agree to divorce.
• They need to be eligible to sign a divorce paper. And financial stability after marriage.

Differences Between Contested and Uncontested Divorce

• Uncontested divorces take less time to complete than contested divorces, which is the main distinction between the two types of divorces.
• Like contested divorce, there is no need for a trial, discovery, or other time-consuming legal processes in an uncontested divorce.
• An uncontested divorce is less expensive than a contested divorce in terms of legal fees.
• In an unsettled contested divorce, the judge is ultimately in charge of making decisions on behalf of the couple.

Benefits of an Uncontested Divorce

An uncontested divorce has two key benefits:

• Saves you time: .In the event that a settlement is achieved, it might be submitted within a few weeks and authorized by the court within a month. In contrast, a contested divorce may take months or even years to complete.
• Save your money: You also save money with uncontested, settlement divorces. Obviously, it will be less expensive than having to employ a lawyer if you can reach an agreement on everything without either spouse retaining a counsel. However, avoiding a trial will still save you a large amount of money even if both spouses employ attorneys.

Your divorce will also be quick and inexpensive if your spouse doesn’t respond to your filing. There won’t be any haggling, trials, or disputes. Even just for document preparation and a quick court appearance, your legal costs will be quite inexpensive. Additionally, your divorce will be handled fast.

How to Prepare for an Uncontested Divorce in Canada

Before filing for an divorce, you need to know if your divorce is uncontested or not. Sometimes it is really hard to seek out this kind of divorce. Because, in most cases, it involves child custody, share properties, share debt, and many more.

So below are given some points to prepare for an uncontested divorce.

1. Decide to divorce:

Before filing for divorce, a couple should talk to each other to sort out things. They need to come to a mutual agreement on what they want. Then they need to decide if they want separation or not. If both parties do not have a mutual agreement on separation, it will not be considered an uncontested divorce.

If they have any kind of share debt or share properties, they need to solve their issues together. Because this kind of divorce will not resolve things like child custody or a couple’s assets. So it is important to have a mutual understanding between both parties in this regard.

2. The case’s client:

When a couple of files for an uncontested divorce, any of them needs to be a client to represent the case in court. Sometimes, there is a divorce lawyer who represents both parties in the court, but in most cases, one needs to represent the case in the court as a client.

Eventually, that client will pay all the court fees and other costs. So a married couple needs to prepare themselves to be a representative of the case.  If they need to hire an uncontested divorce lawyer, they need to decide which party will hire a lawyer.

3. Hire an uncontested divorce lawyer:

In the separation process, from top to bottom, it is really important to hire an uncontested divorce lawyer who can assist you. There are so many court’s paperwork and document that you will be required to divorce. As a normal person, it is hard for one to know all these rules and laws. So it is recommended to hire a lawyer.

On top of that, you need to make sure that the lawyer you are hiring is professional enough. A lawyer should be skilled in those relevant fields and has enough work experience.

Just do not choose a lawyer based on their charges. This is how you will never find a good lawyer. You need to choose a lawyer with their skills.

4. Be ready to meet your lawyer:

When you and your spouse are done with the decision, and so on, you guys have to choose a good and trustworthy divorce lawyer in Winnipeg. After choosing a lawyer, you need to visit the lawyer’s office. Before visiting, you have to prepare the necessary paper works and documents.

When a couple decides to divorce, they know their shared custody, assets, or properties. All you need to do is prepare all these share papers and take them to the lawyer’s office. A lawyer will give you proper instructions and suggest to you which will be best for you.

5. Follow up with your divorce lawyer:

When you file for the uncontested divorce through the lawyer, you may need to show all the necessary papers and documents to the lawyer. Usually, it takes a few weeks to happen in the whole process. You need to make sure that your lawyer understands your situation correctly.

Most of the time, divorce lawyers have to deal with several cases. For that reason, you may have to visit your lawyer a couple of times. It is always better to follow up with your lawyer to get updated. Sometimes, the court requires additional documents and information. That is why it is so important to follow up with your lawyer.

6. Check your statements and clear the confusion:

When you get done with filing for the divorce, you will get a court’s feedback statement. That statement will carry all the important information about child custody, spousal responsibilities, shared debt, etc. So make sure that you read that statement clearly.

If any kinds of disputes or confusion arise, then feel free to talk to your lawyer. You have to clear all the confusion before the separation. So if you have any sort of confusion, then ask as many questions as you can. This is how if there are any matter of disputes, then you will be clear.

7. Cope up with your life:

The first year after the divorce would be hard for some people. Because there will be some ups and downs. So one should not make a big decision just after the separation. Take your time to get on with your life and to make big decisions.

If you are really indecisive about your life, you can talk to your lawyer. A lawyer can help you by providing necessary advice or suggestions. So do not hesitate if something goes wrong. All you have to do is, take to your time to get over the separation.

When to Get an Uncontested Divorce?

When a married couple is planned for a separation, the most common question arises to their head. The question is when should they get an uncontested divorce lawyer. The answer is pretty straight forward when you and your spouse will come to a mutual agreement that you guys need to go for a divorce.

Then you guys can file for an uncontested divorce. This kind of divorce is for those couples who do not fight for divorce. They mutually want to get divorced from each other. If there are any other issues like child custody or spousal issues, they have to sort it out first.

How Much Does it Cost to Get an Uncontested Divorce?

The best part about the uncontested divorce is that it costs less than the regular divorce. The procedures are also so simple. But still, there is some cost to get the whole process done. There is some common cost for the divorce lawyers, courts, and so on.

Also, the costs vary from province to province. But there is an average cost of a lawyer in Canada. You may have to pay more or less than 1500 CAD in total because the lawyer needs to deal with some paperwork. Also, they need to pay the court for that paperwork.

Bottom Line:

No matter your divorce is contested or uncontested, you must have to go through a legal process. Other than the legal process, it involves the emotions of both parties. So it is so important to know the legal procedures for this kind of divorce.

If something goes wrong, then the matter can go worse. For that reason, it is always recommended to hire a professional uncontested divorce lawyer.

A lawyer who can guide you throughout the process and can protect your privacy. Hopefully, now you have learned enough, how can you prepare for an uncontested divorce in Canada?

FAQs

What do we have to agree about to get an uncontested divorce?

If you wish to dissolve your marriage peacefully, you and your spouse must come to an agreement on a divorce settlement that covers all of the related legal matters.

How long does it take to finalize an uncontested divorce?

An uncontested divorce is typically handled in court in a couple of months. However, if you’re seeking to reach a settlement, the negotiation process could take several months or perhaps over a year.

Can a contested divorce turn into an uncontested divorce?

Typically, when a divorce is described as “uncontested,” it signifies that the parties have already come to a final settlement before filing for divorce. However, your case will proceed as a contested divorce if you and your spouse are unable to come to an agreement on all matters prior to filing your initial divorce papers.

How much does an uncontested divorce cost?

From one province to the next, prices differ. Due to paperwork that the attorney must complete, you might have to pay a total of more or less than 1500 CAD.

Do I need a lawyer for an uncontested divorce?

Although you are not needed to hire a lawyer for any sort of divorce, it is usually a good idea to at least speak with a lawyer to understand your province’s laws and your rights because divorces are complicated and impact both your financial future and your parental rights.

When is uncontested divorce an unrealistic option?

If you and your spouse have a lot of disagreement or a significant imbalance in power—either financial or emotional—you generally won’t be a suitable candidate for an uncontested divorce. This is especially true if you’ve been the victim of domestic abuse or are frightened of it.