uncontested_divorces

What are the rights and obligations arising from uncontested divorce?

Do I need a legal separation before divorce?

Writen Agreements:
If you and your spouse can agree on all of the items surrounding your divorce, it is possible to settle the matter by written agreement and allow the divorce to proceed on an uncontested basis.

The savings in time, legal fees, and aggravation will be a great advantage.
Info: Separation Agreements

Did you know:
It is not necessary to obtain your spouse's consent or know where your spouse currently resides to bring an uncontested divorce petition

If you do not know where your spouse is but the court is satisfied that there are grounds for divorce, it will order the divorce even if your spouse does not consent. You must make a serious attempt to serve your spouse with the petition and give him or her the opportunity to answer all or part of it. If no answer is made within the prescribed time, the divorce becomes an uncontested divorce and will usually be completed fairly quickly.

Under the Divorce Act, a husband and wife can jointly petition for divorce. Once the joint petition is filed it need not be served. You should ensure you have independent legal advice prior to commencing a petition for divorce or filing an answer. It is a very important legal document and you may have rights that you are not aware of and that should be claimed in the petition.

You do not need to be living in the same province as your spouse to file a divorce petition. In Ontario, only the Ontario (General Division) has the jurisdiction to review divorce cases. The application may be made as long as either spouse has been ordinarily resident in Ontario for at least one year immediately prior to the application. If both spouses live in different provinces and they each bring a divorce petition in their own province, the petition brought first is entitled to proceed and the second one is deemed to be discontinued. If both petitions were brought on the same day and neither one is discontinued, then the Trial Division of the Federal Court has exclusive jurisdiction to review the divorce.

If you have been served with a petition for divorce, do not ignore it,"Alternative Legal Solutions" will discuss the petition to ensure your positon.

Joint Petitions:

I Do Not Know Where My Spouse Is:

We Do Not Reside In The Same Province:

Do you qualify for an uncontested divorce?

Do this quick evaluation.

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