What do I need to know about uncontested divorce?

When two partners can’t resolve their issues, they choose the path of divorce. There are different types of ways that two people can get divorced. Among many types, I think uncontested divorce is the most amicable form of divorce. Divorce is called uncontested when two parties agree not to fight.

If the divorce is uncontested, then the whole process of divorce could be more straightforward. In this article, we try to explore the pros and cons of uncontested divorce, what’s the criteria of it and especially what you should do to get an uncontested divorce Alberta.

What is an Uncontested Divorce?

When two parties in a divorce are able to stay civil and have a mutual agreement over marital assets, child custody, support issues, and other important matters, they can go for an uncontested divorce. An uncontested divorce can save lots of money, time, and energy. For a divorce uncontested, there are two main conditions-

  • There must be no disagreement over finance and other divorce-related issues ( child custody, support, etc.) between you and your spouse.
  • Both must agree on divorcing each other.
What is an Uncontested Divorce

The Pros

The aftermath of uncontested divorce is mostly positive. Here are a few points for you and your spouse to give a good thought about this divorce.

  • Uncontested is the quickest way to end a marriage. Ending a marriage is acrimonious, so it’s better to be quick.
  • With marriage ends uncontested, both parties can retain their dignity and mutual respect. When divorce gets to the court, things could get very ugly. Both parties’ lawyers have to do everything to win the case. So they have to mix truth with lies. It does not work great for both of them in the end.
  • Divorce with mutual understanding saves lots of divorce money. As both parties agree, they don’t have to give an extra fee to the divorce lawyers.
  • If the divorce is uncontested, it also benefits the children. If both partners still have mutual respect for each other, it works for the best for the children. They can overcome divorce after trauma easily.

The Cons

Uncontested divorce sounds great, but it’s not applicable or suitable for every case. Here are some instances where you should never go for ending the marriage uncontested.

  • If your partner abused you or your children physically or mentally, then you should never think of this divorce. You need to hire a lawyer and consult with him/her to protect you and your children from your abusive partner.
  • If you have unresolved or irreconcilable divorce issues, this divorce is not a good idea for you. It’s better than to hire a lawyer.

Uncontested Divorce in Alberta

Condition for qualification

In Alberta, in order to qualify to divorce uncontested-

  • The spouse must live separately for one year.
  • They must agree to all matters concerning assets, debts, bonds, insurances, and other financial issues.
  • Must be on agreement about spousal support, child custody, and child support.
  • One of the partners must have to live in Alberta for the past one year.

How it’s done

You can do this divorce alone or with the help of a lawyer. If you want to hire a lawyer, then you and your ex-partner have to hire different lawyers. Because hiring one lawyer deems a conflict of interest. You both have different preferences, interests, principles, and stances in the time of divorce.

Usually, this divorce has more or less an outlook of a general divorce. The general required documents are- a petition for divorce, documents proving that both parties are aware of the process, financial affidavits of everything you and your ex have, a settlement agreement and a proposal. In some cases, the jurisdiction may suggest couple therapy before initiating the divorce.

how uncontested marriage is done

How much it costs

In Alberta, the uncontested divorce costs roughly $1,740, and a contested divorce could cost about $23,730. You can see how little it costs to end a marriage uncontested in Alberta.

The Bottom Line

Divorce is never an easy subject. It takes a lot of strain and fortune to end a marriage. But if you have a chance of ending marriage mutually, the pressure could be much less. If you and your ex-partner could work out sensibly, you can make things even better for you and your children. So for the sake of children, you should give a serious thought of ending marriage uncontested.

If you want to know more about divorce and other legal problems, don’t hesitate to call us. We have the best lawyers to solve your legal issues in Alberta.