What is an Uncontested Divorce?
By: Steven Benmor, B.Sc., LL.B., Family Lawyer
Jurisdiction: Ontario (Canada)
When the spouses have signed a Separation Agreement that resolved all issues such as custody, access, support and property division, and they now both want to be divorced, then one of the spouses can commence a Petition for Divorce that consists of a request for a divorce only.
One spouse has it served on the other spouse.
If the other spouse agrees to a divorce, then he or she may choose to not contest the Petition for Divorce.
That is why it is called an Uncontested Divorce.
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About the author: Steven Benmor practices Family Law in Toronto, Ontario, Canada. Visit Steven Benmor’s online Family Law Resource Center for concise answers to many more frequently asked Family law questions, feature articles on Family law topics, dozens of links to other Family law websites, and more at www.benmor.com. The information on this page is for discussion purposes only. It is by no means legal advice or even a statement of the law on this subject. Please do not rely on the accuracy or completeness of this information. Any question or concern elicited by the information on this page should be taken to a lawyer who will consider the facts of each case and the legal remedies available. |
