Divorce, whether contested or uncontested, is governed by the Divorce Act (Canada).
An uncontested divorce is one in which both spouses agree on all aspects of the divorce, including parenting, child support, spousal support, and the division of family property. Unlike a traditional divorce process, involving lengthy court proceedings and adversarial negotiations, an uncontested divorce is typically quicker, less costly, and more amicable. This type of divorce allows couples to bypass the stress and expense of a trial by working together to reach a settlement agreement. Some benefits of an uncontested divorce include lower costs, increased privacy, and reduced emotional strain.
A contested divorce is where both spouses are unable to agree on some or all aspects of the divorce, including the division of family property, parenting arrangement, child support, and spousal support. In this type of divorce, one spouse files a claim for divorce, and the other spouse disputes all or part of that claim. A contested divorce can involve forms of Alternative Dispute Resolution (ADR), such as 4-Way Settlement Meetings, and litigation, including interim relief hearings and trial, where a Justice makes the final decision regarding the divorce matter. A contested divorce is typically more time-consuming, expensive, and emotionally draining, particularly when there is high conflict between spouses.
Although contested divorces may begin with spouses having significant disagreements, it does not have to end that way, as the spouses can reach a resolution during the process by attending a form of ADR.
Badejo Law Group has extensive experience helping our clients navigate uncontested and contested divorces and can provide sound legal guidance throughout the process. If you need assistance with an uncontested or contested divorce, please contact our office today to schedule a no-obligation initial consultation.
