Getting a divorce might not be the most fun thing to do, but it can be a lot easier if you work with a divorce lawyer- and if you decide to go “uncontested.” A divorce lawyer is a lawyer who specializes in divorces. You can find a divorce attorney to help you with an uncontested divorce. In this post, I’ll walk you through the three most common uncontested divorce routes.
What is an uncontested divorce?
An uncontested divorce is one in which the soon to be ex-spouses do not fight about anything in court. All they are seeking is a divorce and nothing else. So, by definition you cannot get an uncontested divorce if you are fighting over custody, support, or property. If you want something from the other spouse, or they make claims against you, then that becomes a contested divorce unless you are able to settle your differences and reach an agreement.
How do I get an uncontested divorce?
The first thing you need to understand is that you can get a divorce without going to phsyically going court. It can all be handled through paperwork. But the reality is, there are still a lot of legal procedures involved. This article will tell you about the rules involved in uncontested divorce.
You will have to start the process by applying to the court by filing a Petition for Divorce and serving it on your ex-spouse. They will then have a minimum number odays within which to object and respond with any claims they wish to make. The length of time varies, depending on whether your ex lives in the same province as you or in another province or country.
If your ex does not oppose the divorce then you can go ahead on an uncontested basis, as long as you meet certain requirements.
This is the most common way of getting an uncontested divorce, but not the only way.
Another way is to apply for a joint divorce. In this procedure, both you and your ex file for divorce together and fill out and sign the Petition for Divorce together. This requires a certain leval of communication and cooperation and is best suited to where the divorce is amicable.
Finally, some divorces start out as contested but settle and up uncontested. For example, you and your former spouse may initgially disagree about child custody or on financial issues, but after mediation or negotiation through lawyers, you may come to an agreement, clearning the way for an uncontested divorce.
How do I get my spouse to agree to an uncontested divorce?
No matter what kind of marital relationship you had, it’s often a good thing to move on without conflict or further fighting. Contested divorces ar enot only expensive but they take an emotional toll.
You may not be able to get your spouse to be reasonable, but the assistance of a mediator and or a skilled divorce lawyer will help. There are several ways you can get your spouse to agree to an uncontested divorce, depending on the reasons you are getting divorced and what your spouse wants.
Getting a divorce can be pretty stressful. Even if you know how to navigate the legal system, it can be a lot of work to get through. When you are ready to get a divorce, know that you are not alone. There are many people out there who have been through a divorce and have made it through unscathed. If you want to start your divorce with the least amount of stress possible, focus on uncontested divorces. Contact us to see how we can help you.