Uncontested Divorce Lawyer: a simple, fast, and less conflictual process
Do you agree on the consequences of your separation? Our lawyers prepare your joint application for divorce, from the agreement through to the judgment.
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What is an uncontested divorce?
An uncontested (or "joint") divorce is a process in which both spouses agree to end their marriage and have reached agreement on all the consequences of the divorce.
The spouses then file a joint application for divorce with the court and submit a complete agreement covering the various issues arising from their separation.
This option is generally the fastest, least costly, and least conflictual way to end a marriage. Since the mandate is joint, the spouses are usually represented by a single lawyer. In an uncontested divorce, the lawyer has an obligation to ensure that each spouse fully understands the consequences of the proposed agreement and consents to it freely, without pressure or coercion from the other party.
This option is generally the fastest, least costly, and least conflictual way to end a marriage. Since the mandate is joint, the spouses are usually represented by a single lawyer. In an uncontested divorce, the lawyer has an obligation to ensure that each spouse fully understands the consequences of the proposed agreement and consents to it freely, without pressure or coercion from the other party.
Conditions for obtaining an uncontested divorce
Even when spouses are in full agreement, the law requires that they have been separated for at least one year before a divorce judgment can be granted.
Separation may result from physical separation or an actual breakdown of the marital relationship. In certain circumstances, spouses may even be considered separated while continuing to live under the same roof.
A lawyer can advise you in determining whether the one-year separation requirement is met in your situation.
Agreements required in an uncontested divorce
To proceed by joint application, the spouses must agree on all important issues, including:
Custody and parental responsibilities
When children are involved, the parents must agree on, among other things:
- Parenting time
- Parental authority
- Arrangements for communication with the children
- Vacations and holidays
- Important decisions concerning the children
Child support
The parents must also establish the terms of child support in accordance with the applicable rules.
Spousal support
In certain cases, one spouse may be entitled to spousal support. The terms must then be set out in the agreement.
Division of property
The spouses must also resolve the financial issues arising from the separation, including:
- Division of the family patrimony
- Residences
- Vehicles
- Bank accounts
- Retirement plans
- Joint debts
- Any other property belonging to the spouses
The advantages of an uncontested divorce
A less costly process
Since there is generally no dispute between the parties, legal fees are often lower than in a contested divorce.
A faster solution
When all documents are complete and the spouses are in agreement, the file can be processed more efficiently than a contested divorce.
Less stress and conflict
Uncontested divorce encourages collaboration and helps avoid lengthy, trying court proceedings.
No hearing in most cases
In the majority of uncontested divorce cases, no appearance before a judge is required. The court can render judgment on the file after reviewing the documents submitted.
First consultation
Do you agree on the essentials? Entrust us with your joint application for divorce.
Why consult a lawyer for an uncontested divorce?
Even when spouses are in agreement, it is important to ensure that the agreement respects their rights and protects their long-term interests.
A family law lawyer can:
- Draft the joint application for divorce
- Prepare the required agreements
- Review the division of property
- Ensure compliance with the rules governing support payments
- Guide the spouses through to the final divorce judgment
Prompt action often helps protect the rights of everyone involved.
Questions fréquentes sur le divorce conjoint
1. How long must you be separated before obtaining an uncontested divorce?
In Canada, the law generally requires that spouses have been separated for at least one year before a divorce judgment can be granted. This separation may be physical or result from an actual breakdown of the marital relationship, even if the spouses are still living under the same roof in certain circumstances.
2. Do we have to testify before a judge in an uncontested divorce?
No. In principle, the judge rules on the divorce based on the file prepared by the lawyer and filed with the Court, without the spouses having to appear before the tribunal.
3. How long does it take to obtain an uncontested divorce?
Once the one-year separation period has been reached and the file has been filed with the Court, a divorce judgment can typically be rendered 3 to 6 months later.
4. Why hire a lawyer if we already agree?
The lawyer has an obligation to ensure that each spouse fully understands the consequences of the agreement and consents to it freely, without pressure. Their role is to:
- Draft the application and the official agreements
- Verify that the division of property respects your rights
- Ensure that the parties consent freely and with full understanding, and that no pressure is exerted by either spouse
- Ensure that the rules governing support payments are applied correctly to avoid a refusal by the court
- Guide you through to obtaining the final judgment
5. Even if we choose an uncontested divorce, can we each have our own lawyer?
Yes, absolutely. Although the spouses are usually represented by a single lawyer under a joint mandate to simplify the process and reduce costs, it is entirely possible — and sometimes even advisable — for each to have their own legal counsel.
6. Is a first consultation useful even if we already agree on everything?
Absolutely. A consultation allows you to confirm that your agreement respects your rights, evaluate your options, and make informed decisions before filing your application.
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Ready to begin your uncontested divorce?
Do you agree on the consequences of your separation? Contact us for a first consultation with one of our lawyers, who practice mainly in family law and youth protection law. We prepare your file from start to finish.
