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An uncontested divorce is generally the easiest type to get in Canada. It means that all key issues are agreed upon, reducing court time and emotional stress and accelerating the finalization timeline. However, getting to the point of filing an uncontested divorce isn’t always straightforward. In this helpful guide, you can learn how this process works to achieve the sought-after type of divorce.
Meet the Requirements
If you meet with a family lawyer in Langley, BC, you will learn that there is a range of requirements for filing an uncontested divorce. You must agree that the marriage has broken down and have been separated and apart for at least one year. Otherwise, you can qualify sooner due to adultery or cruelty.
There must also be no disputes regarding child custody and support, parenting time, property division, or spousal support. When you meet all of these requirements, you have a strong foundation for proceeding with an uncontested divorce.
Communicate Openly and Calmly
When you see how divorces often play out on TV dramas, they are anything but calm. However, this is real life, and you’re in the driver’s seat. Open communication and a calm demeanor can go a long way toward ensuring a seamless, straightforward divorce process.
Keep emotions out of your discussions to ensure they remain factual. You should also use shared documents or emails to avoid misunderstandings or ‘he said, she said’ situations. Most importantly, focus on outcomes, rather than blame, and pause discussions if emotions begin to escalate.
Put All Agreements in Writing
No matter how much you trust each other, everything you plan to do should be put in writing. There are a number of things you’ll need to agree on and have plans implemented for, including:
- How you’ll divide your assets and debts
- Pension and RRSP division
- An amount for spousal support, or a waiver
- Parenting arrangements for any children
- Child support, following federal and provincial guidelines
While you may have a rough idea of what you both agree to, it’s important to obtain independent legal advice and have all agreements set out in a Separation Agreement.
Decide the Filing Process
You not only have to decide to file an uncontested divorce, but you must also choose from two uncontested options. Procedures for each can vary by province.
Under a joint divorce application, you file together; no one is served with papers, and you both proceed through a simple divorce process. Under a ‘simple’ divorce, one person files, and the other agrees.
Stay Cooperative
Divorce is not an overnight process. It can take months for a simple, uncontested divorce to be finalized. A lot can happen in that time. However, staying cooperative until it’s finalized builds trust and avoids delays.
This means not changing your financial behavior, avoiding withholding information, not making informal side agreements that aren’t in writing, and not prematurely stopping child support. As stressful as divorce can be, it can be crucial to do as your lawyer instructs you for the sake of a smooth and streamlined legal process.
Achieving an uncontested divorce with your ex-spouse doesn’t have to be out of reach or complicated. In fact, it can be your reality. By aligning yourself with trusted legal professionals, prioritizing open and calm communication, and putting everything in writing while remaining cooperative, you can have your divorce filed and finalized before you know it.
