Simple Uncontested Divorce

Most of the couples adopt easy and simple way for Divorce i.e. Uncontested Divorce is now a proven fact. In this type of divorce, divorcing partners need not to obey the court orders and can plan for their own future.

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 called 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.

Simple Uncontested Divorce process in Ontario

• 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, then this process can be done by mail. If this is not the case, then 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 demanding for it and making the necessary payment. This Certificate is essential when the divorced partners wish to marry again.

Divorce Papers