Have you and your spouse decided to part ways and end your marriage in a divorce? If this is a mutual decision, your divorce will not involve disputes or litigation. Thus, you can file an uncontested divorce. An uncontested divorce in Ottawa means the only issue that couple has to deal with is the dissolution of their marriage by a court. This type of divorce will cost the couple less than a divorce in which all details need to be negotiated and litigated. Couples can choose a simple uncontested divorce or a joint uncontested divorce. An uncontested divorce can take weeks to a few months while a contested one can take several months to years.
When an Uncontested Divorce is Not Appropriate
Some marital situations make it impossible for couples to cut their ties amicably. This can happen when they cannot agree on many terms of their divorce, if one is not sure of the other’s assets, income, debts, or property. An uncontested divorce is also not appropriate if a spouse requires immediate payment for child support and spousal maintenance. If a spouse petitions for the issuance of an order of protection, an uncontested divorce also does not apply.
How a Divorce Agreement Works
When a divorcing couple approaches their situation calmly and objectively, they can manage legal costs effectively and prevent aggravated issues. Couples do not need to resolve family law issues in court. They have their Ottawa Divorce Lawyer draft a Divorce Agreement, which is a binding contract between couples that records family law issues that arise from a marital separation including child custody, child support, and property division. When the two spouses agree, this legal agreement can save them unnecessary legal costs associated with litigation.
Finalising an Uncontested Divorce
After a Divorce Agreement has been completed, the couple will sign the documents. For a divorce to be finalised, a divorce order must be granted by a judge. A couple can get a divorce either by applying unilaterally or jointly. Couples do not need to get a divorce certificate for their divorce to be finalised. When an application is initiated and all affidavits and supporting documents have been submitted to a court, the documentation will be reviewed by a judge who will either grant the divorce, have corrections made to the documents, or grant the divorce with modifications to the draft order. A divorce certificate must be obtained by a divorced spouse who wants to remarry.