Uncontested Divorce in Ontario – The Pros and Cons

The end of a marriage is always going to bring with it emotional turmoil and an element of sadness. Unfortunately, it may also end in disagreements and the most severe cases, a court case. If however a couple can remain civil with each other and reach an agreement about the division of assets, custody of children and alimony then much of this unpleasantness and expensive litigation can be avoided. There are however some negative aspects to pursuing an uncontested divorce. We will explore the pros and cons of this article in an attempt to help you decide whether you should choose the uncontested divorce route.

Cons

An uncontested divorce in the name doesn’t always mean an uncontested for divorce in reality. If one spouse has been subjected to physical or emotional abuse, then any agreements made about ending a marriage may be made under duress. This gives the abusive spouse an advantage over a vulnerable individual. The spouse who has experienced the abuse will have a much stronger bargaining position if they are represented by an Ontario lawyer and should be advised to seek legal advice before entering into any legally binding agreements.

Uncontested divorces are problematic where the separating couple is unable to speak to each other civilly, and any conversation deteriorates into an argument. Where there is ongoing fighting, then it will be almost impossible to reach an agreement. In this case, legal representation for both parties is essential to ensure that a fair deal is reached.

While couples may be keen to seek an uncontested divorce to save on legal fees, you may find that the legal structure and paperwork is more complex than you are comfortable with. Although the procedure is relatively straightforward, you need to fully understand the paperwork that you are signing, as there is no opportunity to make alterations once the divorce is finalized.

Pros
The main advantage of an uncontested divorce is that the divorcing couple maintains a good relationship. The divorce is dignified and civil, which is a great goal to strive for, particularly if children are involved.

The reduction in cost is another advantage of an uncontested divorce as this is the least expensive way of ending a marriage and a good way of ensuring that your assets are not used to pay for costly legal bills.

How do uncontested divorces work?
If you decide to attempt an uncontested divorce, then the process is relatively simple, and you are not required to appear in court. You may or may not choose to employ a divorce lawyer in Ontario. If you choose to seek legal representation, then you will each need to hire an Ontario lawyer to represent your interests. This lawyer will help you to prepare the relevant documents and will ensure that you fully understand the settlement and what this means for you. This is a good way of protecting your interests and ensuring that you receive a fair settlement. To learn more about Uncontested Divorce, please check this article on Shaikh Law Website 5 Tips About Divorce in Ontario & Divorce in Ontario Costs. Click Here