A quick or uncontested divorce is a type of divorce when the divorcing parties are not disputing the claim of a divorce. On the other hand, a joint divorce involves the divorcing parties seeking a mutual divorce. In either of the preceding divorces, it is important for parties to agree on all relevant issues. Those issues include child support, spousal support, division of property, parenting time and decision-making responsibility. The divorcing parties have to agree on the aforementioned matters prior to filing for a divorce. In addition, a quick divorce involves a simplified divorce procedure without any compulsion to appear in a court.
Kinds of Uncontested Divorces
Uncontested divorces are of two types, including the following:
Uncontested Solo Divorce:
When both spouses agree with each other about a divorce, either of the spouses can file divorce papers. In addition, they will need to file divorce papers in court. After filing divorce papers with the court, the non-filing spouse is served with a divorce with 30 days to contest or challenge a divorce. The non-filing spouse can also make a claim for things, such as support, property, custody, etc. If the non-filing spouse doesn’t challenge the divorce within the specified period, the divorce process is uncontested. Moreover, the court finalizes the divorce.
Uncontested Joint Divorce:
The second way to process a quick divorce is to file a joint divorce. In this kind of quick divorce, both husband and wife sign and jointly file divorce papers. In other words, no spouse is making a claim to the other for a divorce. It also tells the court that both spouses want a divorce.
The Requirements for an Uncontested Divorce
The following are the requirements for a quick divorce in Ontario:
Either you and your spouse must have a current place of residence in Ontario. Further, the place of residence should have been for at least a year at the time of the filing of a divorce.
When both spouses agree on a divorce, the divorce is an uncontested divorce. In other words, you can only claim for a divorce. You should seek legal advice from a divorce lawyer, such as from Divorce Fast, if you have other issues to deal with.
Legal Basis for a Divorce:
For separation grounds, the Divorce Act requires spouses to live apart for one year. Still, it doesn’t mean spouses must live in separate residences. Spouses can live in the same residence due to economic reasons. However, the law will consider them living separately and apart under the same roof. You can also file for a divorce before the one-year separation period; still, you will grant a divorce once you complete that period.
A separation agreement is not mandatory for filing for a divorce in Ontario. Nevertheless, many couples who file an uncontested divorce in Ontario also decide to file a separation agreement in court. Filing a separation agreement with an Ontario divorce application gives individuals some peace of mind. Individuals get some peace of mind because they know that an enforceable document is in court.
Spouse Not Present or Missing:
You can still file a divorce in Ontario without serving your spouse with the mandatory documents. You can do that even if you cannot locate your spouse and need to file a divorce.
Steps to File a Quick Divorce
You will need to file an application for a divorce in Ontario. For that purpose, you will need to complete Form 8A: Application and Form 36: Affidavit for Divorce. Besides filing an application, you will need to attach the original marriage certificate or license with your application. Also, you will need to pay the filing fees with a court. Finally, you will need to complete and file a form pertinent to the relief that you and your spouse have agreed upon.
If your divorce application embraces agreed-upon arrangements for property division, child support, and spousal support, you will need to file a Form 13.1: Financial Statement. Plus, if your divorce application entails schedules for parenting time and decision-making responsibility, you will need to complete and file a Form 35.1: Parenting Affidavit. It is all that you need to know about a quick divorce.
A quick divorce is a type of divorce when divorce parties are not disputing the claim of a divorce. Moreover, it is of two types, including uncontested solo divorce and uncontested joint divorce. The requirements for an uncontested divorce include the following:
- Living Arrangement
- Divorce Only
- Legal Basis for a Divorce
- Separation Agreement
- Spouse Not Present or Missing
To file a quick divorce, you will need to complete Form 8A: Application and Form 36: Affidavit for Divorce. Plus, you will need to attach your marriage certificate or license with your application. Lastly, you will need to complete and file the relevant form of relief that you and your spouse have agreed upon.