Simple Uncontested Divorce

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Divorce can make your life a pleasant or an unpleasant experience. It depends on both the divorcing partners how they approach the issue. If they cannot come on to common terms, they need to depend on the court decisions. The court will decide the responsibilities they should share in the future. This type of divorce is termed as Contested Divorce. On the other hand, couples who are patient and can resolve all their on going issues on their own can go for an Uncontested Divorce. This type of divorce is less time consuming and saves a lot of money. Often there are some couples who do not have children. Again they do not have any issues related to property, retirement investments and alimony. When such parties want to get legally separated, there is not much of an issue. For them a simple uncontested divorce remains to be the best option.

What is a simple uncontested divorce?

A simple uncontested divorce can be defined in terms like, no children, no alimony, no real estate and no retirement investments. The couple wants court orders only to legally terminate their marital status. They are not asking for court orders regarding anything else, like child support or access, alimony, division of property, etc.

Requirements of a Simple Uncontested Divorce

Basically, an uncontested divorce implies that both the divorcing partners have agreed with each other regarding the major issues of divorce. This sort of divorce is termed as "simple", if the following requirements are met with-

  • The divorcing couple does not have any children
  • There is no issue of alimony or spousal maintenance
  • The divorcing couple does not have any real estate
  • There are no retirement investments

It has been observed that a small percentage of divorces belong to this category. There are a large number of efficient lawyers who can manage this sort of divorces without charging much money. The divorcing couple can refer to the yellow pages of their region and select the lawyer on the basis of price. These types of divorces are relatively simple and hence the choice of a lawyer is less critical

When a divorcing couple approaches a lawyer for this type of divorce, then the divorcing couple does not deal directly with the lawyer. A major part of the work is done by paralegals or secretaries. The crucial factor in this sort of work is responsiveness and efficiency. So, the divorcing couple must enquire with their acquaintances regarding the efficiency of the staff of the selected lawyer and the reputation of the lawyer for executing things done promptly

To know the process of a simple uncontested divorce more clearly, we can cite the example of any state in the US. The processes required in such divorces in Ontario are as follows-

Simple Uncontested Divorce process in Ontario

If you want to fight for a divorce case in Ontario, you must know and follow the following procedures-

  • The Ontario Superior Court of Justice is the venue where the divorce application has to be filed
  • A copy of the application is served to the other divorcing partner. In case of a joint divorce, this step is not required. If the other divorcing partner is co-operative, this process can be done by mail. If this is not the case, an individual must hand over the copy to the other divorcing partner and swear an affidavit regarding this
  • The divorcing partner who has been served the copy is given thirty days for filing an Answer. When this divorcing partner fails to file the Answer, it is assumed by the court that this partner does not object to the divorce
  • The following three documents are filed-
    • Affidavit of Service.
    • Affidavit of Divorce.
    • Supporting material.
  • The Judge is given the papers for review. After the Court grants the divorce, it becomes effective after 31 days. This Divorce Order is mailed to each divorcing partner
  • A Divorce Certificate can be obtained from the court on demand and after making the necessary payment. This Certificate is essential when the divorced partners wish to marry again

Besides the above-mentioned points, a divorcing couple can also go for a joint divorce in Ontario.

Joint Divorce in Ontario

In such a case, both couples need to sign and swear the divorce papers. . Both of them need to tell the court that they want divorce from each other and nothing else. It is to be remembered that a joint divorce becomes possible only when both the spouses can meet and sign the papers.

Thus a simple uncontested divorce is simple in the true sense of the term. It is not marked with any legal complications. If you fulfill the essential criteria, you must go for a simple uncontested divorce as this is a cost-effective and time-saving procedure.

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