Divorce can be a stressful process. There are so many things that need to be taken care of. When two people get married, they build their together. Once the relationship comes to an end, it becomes essential to part ways as smoothly as possible. There are majorly two types of divorces – contested and uncontested. Divorce is said to be uncontested when neither of the spouses challenges it in court. Undergoing divorce means you need an experienced lawyer by your side like those from: https://www.simpledivorce.ca/family-divorce-lawyer-scarborough/. It will help to make the process easier. Here is all that you need to know about an uncontested divorce.
What is understood by an uncontested divorce?
Divorce is contested when the divorce is challenged by one spouse. When the divorce isn’t challenged it is said to be an uncontested divorce. Meaning that there is no defendant as the divorce has been filed with mutual consent from both the parties. The process tends to be simpler and faster on most occasions. The reason is that most decisions were made and agreed upon mutually when separating. When the divorce is uncontested, the spouses have mutually agreed to put an end to the relationship and there are no unresolved issues due to this decision. In an uncontested divorce, neither of the parties has to serve documents. Even the 30-day appeal period is not observed.
What does the process look like?
The process for filing an uncontested divorce begins by filing a statement of claim. This statement of claim has to be personally served to the respondent, which means given to the spouse in person. It should clearly state the order which is going to be made in the court by the claimant. The response to the order is dependent on what is being requested and whether you agree to the claims or not. While undergoing the proceedings it is essential to ask the divorce lawyer to review the notice of claim. This means that the lawyer will explain what the claim means and how it could impact the divorce proceedings and rights.
Ways to respond to the statement of claim for divorce:
- If there are claims that you want to make, you can file for a counterclaim. For example, you could claim that different fact than what has been stated in the notice.
- You can choose to file a statement of defence that will move the proceedings to a contested divorce.
- If you want you can file a demand of notice in case you aren’t contesting the divorce. However, if you wish you can provide all the documents filed during the proceedings.
- You can choose not to respond and wait to be notified. When you do this, you are giving up the right to have any say in the divorce proceedings. There is also a chance that you might not be allowed to take part in the divorce proceedings. You would have to meet the agreement terms that have been set.