Uncontested Divorce

An uncontested divorce means that all substantive issues have already been resolved. A divorce proceeds under the Federal Divorce Act and is the mandatory requirement in order to dissolve the marriage. All divorces require an overview of the rights and obligations that arise from the marriage. This may involve property and spousal support confirmations as well as child support and custody/access or joint custody in the case involving children.

In any event, this step constitutes the final process requirement and will incorporate the agreed settlement as required. After a consultation involving the general circumstances this step may be the first and final process requirement. In the event that there is not a comprehensive resolution, we would proceed to the other process options (i.e. Collaborative Family Law, Cooperative Practice or Family Mediation).

The jurisdictional requirements include Canadian domicile and one year’s residence within the municipality. The Application is commenced by one (Simple Divorce) or both spouses (Joint Divorce). Unlike other processes in which your financial costs are computed on an hourly rate, an uncontested divorce is governed by a block fee. See FAQ.