The two main types of divorce include Uncontested divorce and Contested divorce. Uncontested divorce occurs when one spouse files an application for divorce and the other spouse does not file an answer. This fundamentally states that on failing to file an answer, the spouse does not agree with the divorce. In an uncontested divorce, the spouses agree on the issues raised from the divorce, in which the court officials will typically process the divorce in ways which do not require the parties to go to court.
For an uncontested divorce to be valid, the parties must have resolved all issues such as child custody and access, and child and spousal support through a separation agreement or court order, as well as the divorce must entail the breakdown of the marriage based on one year separation, after which the judge will grant the divorce.
Contested divorce occurs when the spouses disagree on some or all of the issues within the divorce. Most commonly, these disagreements include child and spousal support, division of the financial gains of the marriage, and child visitation schedules. Within this type of divorce, both parties must set out their positions and views on the issues in dispute.
Contested divorces may be settled a number of ways, such as outside of court, through negotiation, or through formal divorce procedures. Uncontested divorces are generally faster and more efficient in terms of less stress and cost; whereas contested divorce is generally longer. However, contested divorce is more common, specifically among couples who have been married longer, have children, or have a large amount of property to deal with.
Allison Ross
FAMILY LAWYER
Allison provides a balanced approach to family law files and strives to help families in the midst of separation and divorce. She has a wealth of experience in litigation including appearing in trials, Special Chambers applications and case conferences.