An experienced uncontested divorce lawyer Canada is a powerful resource to turn to when you want to end your marriage but do so without traditional downsides of litigation.
Litigation is known as being quite expensive and frustrating, which is why increasingly people are looking for a divorce attorney who is experienced in an uncontested divorce.
What is The Role of A Family Lawyer?
An uncontested divorce lawyer will sit you down and explain all of your alternative dispute resolution options to you so that you can make a decision that is in line with your individual needs.
The best way to get a lawyer is to fill out the form on the side of this page. You also might be able to hire a paralegal to save money.
Family Divorce lawyers today recognize that forms of alternative dispute resolution, such as divorce mediation, or a quickie divorce or a simple divorce are highly sought after by people who recognize the far-reaching implications of going through contested litigation.
Filing for divorce is known as being a frustrating and expensive process and one that can bring out raw emotions for everyone involved. This is why more people are seeking an amicable divorce with the support of an uncontested divorce lawyer.
An uncontested divorce lawyer will help you to avoid many of the most common disadvantages of a contested divorce.
What is an Uncontested Divorce?
An uncontested divorce might also be referred to as a joint divorce and is seen as a form of easy divorce. You might also hear this referred to as a no-contest divorce. Many lawyers will choose to specialize in a contested divorce, which involves disputes and arguments over some or all of the aspects associated with the dissolution of the marriage.
Are you looking for an affordable divorce? You should schedule a consultation with a divorce lawyer. If you have legal aid, you can also reach out to a lawyer referral service. Dealing with the divorce registry can be stressful, so it’s good to have a legal professional on your side. If you are going through an uncontested divorce, you should get legal advice.
In a no-contest divorce, however, your uncontested divorce attorney will assist you with a review of the necessary documents that you might have created on your own or with the assistance of a lawyer.
The divorce lawyer can provide legal advice about:
- creating an affordable divorce
- contested divorce
- getting a marriage certificate
- receiving a court order
- uncontested divorce
- child custody
- division of property
- working with the divorce registry
Divorce In Canada
The divorce advice provided by a divorce lawyer specializing in uncontested divorce will ensure that you have considered all possible aspects of such an outcome while also giving you the flexibility and the control to name the stipulation.
There is a good chance that you and your former spouse may be able to come to terms of an agreement on your own about the dissolution of the marriage and this is a leading reason why people look for family law lawyers who are familiar with an amicable divorce.
These affordable divorce lawyers will likely charge you an upfront flat fee for the management of divorce mediation, filing for divorce or divorce advice.
This is because you and your spouse may have come to terms on an agreement for most or all of the issues involved.
Divorce mediation is recommended if you believe that some cooperation and collaboration could lead to a final result of achieving success outside of court. When it comes to uncontested or joint divorce, this is the type of outcome that every party hopes for.
Both parties will jointly file a statement of claim divorce and there is no official defendant.
Why is Uncontested Divorce Different?
In an uncontested divorce, all decisions related to the end of the marriage have already been agreed upon. There is no need for a defendant in such a case.
This is because there is nothing to defend. Furthermore, there is no 30-day appeal period after the judgment of divorce is granted. Further, there is no requirement for the service of documents.
The uncontested divorce cost is also much lower because there are fewer hearings and less paperwork required.
An uncontested divorce is one that is initiated when one party filed a statement of claim for divorce or a statement of claim for divorce and division of matrimonial property.
The statement of claim will then be served to the estranged spouse. The estranged spouse then has several options available to him or her.
- Filing a counterclaim asking for different relief or a statement of the facts than what the plaintiff provided.
- Filing a statement of defence disputing any of the facts or relief claimed.
- Do nothing and wait to be noted in default.
- File their own demand notice claiming that they are not contesting the divorce but want to receive all court proceeding documents.
Division Of Property And The Division Of Assets
There are major differences between a contested and uncontested divorce. However, the most important is the fact that an uncontested divorce is much easier for all parties involved.
This is frequently sought after by couples who want to have an amicable divorce. They wish to move on with their life as soon as possible.
It is also extremely popular for those families that have children involved and want to minimize the emotional challenge and impact for everyone going through a divorce.
Even the belief that you might be able to work through a divorce in an uncontested manner can help you. You can then plan your next steps. Further, a lawyer can help you with the plan.
The lawyers can help you with the division of property, child custody, uncontested divorce, and getting a court order. The top lawyers can help you achieve an affordable divorce.
Keep in mind that the court isn’t cheap. It doesn’t matter if you have a lawyer or not. There is normally a filing fee when you need to submit something to the court.
If you need assistance from an experienced Canadian uncontested divorce attorney, schedule a consultation to learn more about this process.
Author: Alistair Vigier is the CEO of ClearWay Law