Divorce is the legal process of dissolving the marital union. It can be done by mutual consent or by one party filing for divorce. The most common causes of divorce include sexual abstinence, insufficient financial support, and abuse.
These are common practical issues today that are no longer as psychologically devastating as they once were. Adultery is the primary cause, but there are other causes, including but not limited to infidelity, incompatibility, and irreconcilable differences. Accordingly, a contested or uncontested divorce may be selected.
First of all, it is vital to understand the differentiation between a contested and an uncontested divorce. A contested divorce refers to a divorce in which the involved parties disagree on some aspect, while an uncontested divorce is one in which there are mutual agreements on all subjects.
With years of experience in family law, Solutions Family Law Group provides professional legal support during all stages of your divorce. Whether you are facing a contested or uncontested divorce, our experienced attorneys are prepared to help you know and enforce your rights, protect your interests, and work toward the most favorable resolution.
What is an Uncontested Divorce?
An uncontested divorce costs less than a contested divorce because court attendance is unnecessary. To apply for an uncontested divorce, the marriage must be broken down, and there is no possibility of saving it; both parties have to agree with everything, and at least one lives in BC. A judge will decide on the case. A signed Separation Agreement is helpful because its terms can become part of the divorce order.
To start the process, a party must complete and file a Notice of Family Claim. The notice is returned to court and processed there. The party filing must personally serve a copy on the other party. The other party does not need to reply to the court because they agree on everything.
After 30 days, the applicant files the affidavits for service of the Notice of Family Claim, Desk Order Divorce, Child Support, and a Certificate of Pleadings.
They should also prepare a draft divorce order. When both parties agree on all terms, the judge only needs to decide whether to grant the divorce.
What is a Contested Divorce?
Contested divorces involve continued contact between the parties and their attorneys. The parties often cannot agree on parenting time, child and spousal support amount, or how property and debt should be divided. In such instances, hearings in chambers can be arranged with a judge who makes a decision.
One party must attend court and file a Notice of Family Claim for an uncontested divorce. The other party should be served and then, within 30 days, file a Response to the Family Claim and Counterclaim. Next, each party must prepare and file a Financial Statement, which assists the judge with determining the ability to pay support.
The next step would be to attend a Judicial Case Conference whereby the judge meets with both parties and their lawyers to settle issues without going to trial. If they cannot reach a settlement they will go to trial-meaning the case will be heard by a judge who decides the case outcomes. The trial date will usually be several months away. The parties may then attend chamber hearings for temporary orders regarding parenting time, child support, or spousal support, and afterward be included in the final divorce order.
During chamber hearings, the parties and their attorneys confer with the judge. The hearings may happen several times before the divorce is finalized. Quite often, parties settle an issue in these hearings and thus remain outside the trials of the courts. The parties must pay all the issues-property/debt division, child support, custody, and spousal support for a judge to grant them a final divorce order.
Key Differences Between Contested and Uncontested Divorce
The most important distinctions between contested and uncontested divorces are the following.
Cost
In uncontested divorces, a lawyer may offer a flat rate for services, making it a more affordable option. However, in contested divorces, the costs can escalate significantly. Legal fees are typically billed in 6-minute increments, and the process can become quite expensive due to the time lawyers spend on understanding the client’s legal position, gathering relationship history, and preparing court documents.
The total legal fees can range from $30,000 to $500,000 or more, depending on the complexity of the case. Costs tend to rise even higher when one or both parties are unreasonable or motivated by revenge. Although conversations with the client generally take less time, they still contribute to the overall expenses.
Time Commitment
An uncontested divorce usually takes less time than a contested one. If you can’t resolve your issues, the divorce process can take significantly longer. How long a divorce takes to be finalized varies by factors, including:
- Where you reside
- State waiting/separation periods
- The state’s minimum duration of cohabiting
- Whether you’re filing a fault-based divorce
- How fast the divorce papers are served
- Disagreement on the major issues
Court Process
In an uncontested divorce, you wouldn’t necessarily have to go through all the court processes you would have to undergo in a contested divorce.
Dominance
Uncontested divorces offer spouses more control over the terms and allow them to reach an amicable agreement. In contrast, contested divorces that proceed to trial leave both parties subject to the judge’s ruling. If dissatisfied with the final judgment, an appeal to a higher court is required.
Appealability
In a contested divorce, you can always appeal the judge’s decision. It is, however, usually very lengthy and costly. It could be because the court misinterpreted the law during the trial or because hidden assets were discovered.
On the other hand, an uncontested divorce isn’t a candidate for an appeal since both parties would have agreed on the terms. If a significant change in circumstances arises, such as a relocation affecting a custody arrangement, a court order modification may be requested following your state’s legal procedures.
Conclusion
Contested divorces involve some form of disagreement and fighting between spouses. At the same time, uncontested divorces are agreed upon and reflect a smoother process.
At Solutions Family Law Group, we work diligently to represent our clients compassionately and effectively throughout the divorce process. Our attorneys can help you assess your position, determine your best interests, and represent you to advance and protect those interests.
Whether contested or uncontested, your divorce is important, and we are committed to guiding and supporting you through every step.
Contact Solutions Family Law Group for an appointment to consult about your specific situation.
FAQs
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1- What is the difference between contested and uncontested divorce in Canada?
Contested divorces happen when couples disagree on important issues, needing legal help and often causing emotional pain. In an uncontested divorce, both agree on key matters, making the divorce process smoother and friendlier.
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2- What are the different types of divorce in Canada?
There are two main types of divorce in Canada: contested and uncontested.
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3- Can I get a one-sided divorce in Canada?
The answer to this question is complex. In Canada, if you meet certain reasons for divorce, you don’t need your spouse’s approval to get one. However, your spouse can still find ways to stop the divorce.
