A divorce can arise in many ways. Sometimes both parties agree to separate and sometimes one party asks to separate to the surprise of the other. Whether or not both parties actually want to get a divorce, if one party is seeking a divorce, they are able to apply for and eventually receive it.
What is an Uncontested Divorce?
An uncontested divorce occurs when the parties both agree on how all outstanding issues are to be dealt with.
During the uncontested divorce process in Calgary, the number of issues to be resolved prior to receiving a divorce varies from one family to another. If there are children of the marriage, and they are still children of the marriage pursuant to the Divorce Act, then the parties need to resolve child custody and parenting arrangements for the children. Child support is also an issue that needs to be resolved prior to being granted the divorce. Some families will have property or spousal support (also known as alimony) to determine a resolution prior to a court granting the parties a divorce.
If there is an agreement on all of these issues, then the parties can apply for an uncontested divorce. Uncontested divorces are often cheaper and quicker than contested divorces, as little to no further negotiation is required to resolve the outstanding issues that are barring the granting of a divorce.
During an uncontested divorce process in Calgary, the parties also avoid having to litigate any matters in court. However, applying for an uncontested divorce can still be complicated, and it is always recommended that you receive legal advice before applying for a divorce to ensure you are aware of what you are entitled to. By choosing not to seek legal advice, you may later be barred from bringing a claim against your former spouse if you later learn that you did not receive all you were entitled to.
What is a Contested Divorce?
A contested divorce is one in which issues remain in dispute between the parties. This could include parenting, child custody, decision-making, guardianship, child support, spousal support or the division of matrimonial/family property. In those circumstances, divorce proceedings will unlikely be finalized until those issues are resolved, at least in the interim. The parties can seek to resolve these issues through various forums, including settlement discussions, mediation, arbitration, or court proceedings.
A contested divorce process will almost always be more expensive and time-consuming, which may result in a worse outcome for the parties than if they had been able to reach a resolution through agreement.
What Does the Uncontested vs Contested Divorce Process Look Like in Alberta?
The main difference between uncontested and contested divorces in Alberta lies in how disputes are resolved. In an uncontested divorce, both parties agree on all outstanding issues, and the process is generally faster and less expensive, with minimal court intervention. In a contested divorce, one or more issues remain unresolved and require negotiation, mediation/arbitration, or litigation to resolve, often adding time and cost while making the outcome less predictable for both parties.
What the Divorce Process Looks Like
Contested and uncontested divorces both follow a general sequence, starting from whether the parties agree and ending in either finalization or court litigation.
For an uncontested divorce:
- The parties reach an agreement on custody, support, and property
- Divorce documents are filed jointly or on consent
- The matter proceeds to finalization with minimal court involvement
For a contested divorce:
- The parties have a disagreement about one or more issues, such as custody, support, or property
- Under the Family Focused Protocol, the parties must complete alternative dispute resolution, such as negotiation, mediation, or arbitration, before the matter can proceed to court
- The matter proceeds to court litigation if it remains unresolved after these steps
Whichever path applies, the parties’ ability to reach an early agreement remains a key factor in how quickly and cost-effectively the divorce is finalized.
How Disputes Are Resolved
Uncontested divorces are resolved through mutual agreement, while contested divorces require negotiation, mediation, arbitration, or litigation to settle unresolved issues.
| Uncontested Divorce | Contested Divorce | |
| Agreement on issues | Reached by both parties | One or more issues unresolved |
| Method of resolution | Mutual agreement | Negotiation, mediation, arbitration, or litigation |
| Court involvement | Minimal | Often required |
Because uncontested divorces rely on agreement rather than dispute resolution, they generally involve fewer steps and less court involvement from the outset.
Time and Cost Differences
Time and cost also set the two processes apart. Uncontested divorces typically move more quickly and cost less, since there is no need for prolonged negotiations or court appearances. Contested divorces often involve several stages before reaching a resolution:
- Initial negotiation between the parties or their lawyers
- Alternative dispute resolution, such as mediation or arbitration
- Court litigation, if the matter cannot be resolved through the above methods
- Additional hearings and legal filings as the matter proceeds
Each additional stage in a contested divorce can increase both the expense and the emotional strain for the parties involved.
Control and Predictability
The two processes also differ in the level of control and predictability they offer. In an uncontested divorce, couples retain more control over the outcome, since agreements are mutually determined. In a contested divorce, the matter may escalate to the point where a judge or other arbitrator decides the outcome, leaving the result outside either party’s control.
Ultimately, whether a divorce proceeds as uncontested or contested depends on whether the parties can agree on the outstanding issues. Reaching an agreement early tends to mean a faster, less costly, and more predictable outcome, while unresolved disputes add time, cost, and uncertainty to the process.
How Kirk Montoute Dawson LLP Can Help With Your Divorce Matters
If you and your spouse are not able to resolve all outstanding issues, or are going through an uncontested divorce and need guidance to make sure it is handled correctly, engaging with lawyers or mediators can help you resolve the remaining issues or finalize your divorce with confidence.
The divorce lawyers at Kirk Montoute Dawson LLP are knowledgeable about family law matters in Alberta and can help ensure your divorce process in Calgary runs smoothly and that you receive a fair and timely divorce. Contact us for advice and representation in your divorce matters.
Author: Michael Ross
Frequently Asked Questions
What is the uncontested divorce process in Calgary?
The process follows the same steps as an uncontested divorce anywhere in Alberta, since divorce is governed by federal and provincial law rather than city-specific rules. One party must meet the one-year residency requirement, and a Statement of Claim for Divorce is filed with the Court of King’s Bench. If uncontested, the applicant then submits a sworn affidavit and a request for divorce for a judge’s review, and if approved, the judge signs the divorce judgment.
Can I still hire a lawyer if my divorce is uncontested?
Agreeing on the outstanding issues does not mean legal advice is unnecessary. Many people still work with Calgary uncontested divorce lawyers to ensure the paperwork is filed correctly and their rights are protected before anything is finalized. An uncontested divorce lawyer in Calgary can review the terms of an agreement, flag anything that could cause problems later, and help the application move through the court without unnecessary delays.
Is there a difference between contested divorce vs uncontested divorce lawyers in Calgary?
Not in terms of qualification. Most Calgary family lawyers, including those at Kirk Montoute Dawson LLP, handle both contested and uncontested divorces, since both fall under family law. The main difference is in approach: uncontested matters typically involve less negotiation and paperwork review, while contested matters may require more extensive legal strategy, negotiation, or court representation, depending on which issues remain unresolved.