Representing people who are seeking an uncontested divorce in Mississauga
In uncontested divorces, there is often an expectation that everything will go smoothly even without the presence of a divorce lawyer.
However, experience indicates that problems may still arise later on, even where there are no major sticking points at the beginning.
There are a high number of uncontested divorces that end up with issues, even when both spouses appear to agree on matters at the beginning of the process.
When the emotions and reality start to set in, things can quickly go awry.
That’s why it’s always best to engage an uncontested divorce lawyer right from the start.
This way, your best interests can be managed and protected throughout – from the start of the divorce proceedings until when they are finalized.
As experienced Mississauga uncontested divorce lawyers, we can help you navigate the legal processes and secure the divorce that works best for your future.
What is an uncontested divorce?
An uncontested divorce is generally the most desirable option for couples who must go through the divorce process.
In the ideal situation, you and your spouse are able to agree on all the key matters at hand, namely:
- Division of property: how assets (money, property, vehicles, shares, jewelry, etc.) are divided between you
- Payment of debts: who is responsible for any outstanding debts, like the mortgage?
- Child custody: who will be the main caregiver for any children and what will the visitation rights of the other parent be?
- Spousal support: how much, if any, is necessary to support the ongoing requirements of your spouse after marriage?
These are usually the main areas of disagreement in a contested divorce, which is the other option you have if you cannot come to an agreement.
An uncontested divorce is most common in situations where:
- There are no children
- The couple has not been married for long
- Few, if any, assets have been accumulated by the couple
In these cases, it may be possible to do most of the planning work for a divorce without a lawyer.
However, as you may surmise from the above, these types of uncontested divorces are few and far between.
Most divorces involve children with assets accumulated over many years.
In these cases, it’s still possible, with the help of an experienced uncontested divorce lawyer, to reach an amicable settlement quickly, relatively easily, and without the expense and the emotions of a court process.
If you and your spouse have been through the major issues and reached an agreement for a way forward in the divorce, the next step is to hire a divorce lawyer to make sure you see the process through as quickly and painlessly as possible.
Getting an uncontested divorce in Mississauga
To arrange an uncontested divorce in Mississauga, you and your spouse start by working through all the main issues outlined above.
In order to qualify for a divorce in Mississauga, there are also some basic requirements you must meet too, according to Canadian federal divorce law:
- You and your spouse are legally married under the laws of Canada, or under the laws of another country and that marriage is recognized in Canada.
- Your marriage has broken down.
- You or your spouse lived in Ontario for a full year immediately before making your application (except for certain non-Canadian residents who married in Canada).
Under the Divorce Act, the only grounds for divorce in Canada is a marriage breakdown. That is:
- You have been living apart for one year or more; or
- Your spouse has been physically or mentally cruel to you; or
- Your spouse has committed adultery.
Once you’re satisfied that you meet the requirements and agree on the terms of your divorce with your spouse, you can then file for an uncontested divorce with the Ontario Superior Court of Justice.
Divorce papers are served and you complete the necessary paperwork, including additional forms if there are minor children from the marriage, and any other appropriate forms.
These forms are provided by the province of Ontario and different requirements apply to other provinces around the country.
Your lawyer can handle this for you and there will be an initial fee to file for divorce.
How long does the uncontested divorce process take?
An uncontested divorce is a relatively quick and easy process that can take as little as two months.
This is very different to a contested divorce. In the worst-case scenarios with contested divorces, trials can be fought in court and decisions appealed for months or even years.
Where property division, spousal support, and child custody are all agreed upon, there will usually be a short court hearing but you will likely not be required to attend.
Because there is nothing for the judge to decide on, all that is required is the signing of the Divorce Order.
Again, your lawyer can handle this process for you.
Contact an experienced Mississauga uncontested divorce lawyer
Amiri Family Law are accomplished litigators, representing couples going through an uncontested divorce in Mississauga and other areas of Greater Toronto.
We strive to obtain the most favorable outcomes so that you can start to move on with your life in the best shape possible.
We can begin with a consultation and, from there, we will guide you through the uncontested divorce process to settlement.
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