The thought of divorce proceedings seems overwhelming. A lot of people associate it with rounds of the court. Irrespective of whether you are opting for a contested or an uncontested divorce, the proceedings might seem a bit daunting. Having an experienced Family Lawyer Brampton by your side can make things a lot easier. They will help you become aware of your rights and know the options that are open to you. They will be there to guide you and give you advice through the process. If you and your partner are headed for an uncontested divorce, then here is all that you need to know about it.
What is an uncontested divorce?
In the case of an uncontested divorce, both the spouses agree on the issues which have been raised by the divorce. Uncontested divorces are one of the easiest to resolve. But you would still be needing legal counsel to make sure that all the required processes are followed correctly and rights are being protected. The spouses who agree on all the issues which come up at the end of the marriage, usually don’t need to appear in court for the hearing. Such divorce cases are finalized by simply finishing all the legal requirements that have been set.
An uncontested divorce happens when one spouse serves the other spouse with the divorce papers. The spouse doesn’t respond to the divorce papers by filing an answer in the required time. When there is a failure to respond to the legal divorce papers, it is when the divorce becomes uncontested.
What is the process of an uncontested divorce?
The proceedings for an uncontested divorce begin when the applicant files for a divorce with the Ontario Superior Court of Justice. The spouse also needs to be served with a copy of the application. When the spouse doesn’t respond to the notice within the required time, then the divorce is assumed to be uncontested by the court. In that case, the applicant will file an affidavit with the help of their lawyer in which they will swear that the respondent was served with the notice. The application will also include all the material which will help to prove that the notice was served.
However, if the claim is only for divorce then the divorce proceedings can go ahead only with the affidavit evidence. Once the court has received the necessary records and affidavit evidence, the judge will grant you the divorce. After that, the court will mail the divorce order to both spouses. If any of the spouses intend to remarry, then they can request the court for a divorce certificate. However, if there are any claims which arise in the application, a court hearing might be required.
Reach out to a lawyer
When you are filing for an uncontested divorce, you must reach out to an experienced lawyer. They understand the proceedings like the back of their hand. They will work to make this process easy.