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 divorce process, 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, 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 to not 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 when there are issues still 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.
How Kirk Montoute Dawson LLP Can Help With Your Divorce Matters
If you and your spouse are not able to resolve all outstanding issues, engaging with lawyers or mediators can help you and your spouse resolve the remaining issues.
The divorce lawyers at Kirk Montoute Dawson LLP are knowledgeable about family law matters in Alberta and can help ensure your divorce process runs smoothly and you receive a fair and timely divorce. Contact us for advice and representation in your divorce matters.
Author: Michael Ross