UNDERSTANDING UNCONTESTED DIVORCE
Deciding to end a marriage is never an easy step. There are many decisions to be made. Sometimes the spouses decide to part ways with a mutual understanding and other times, not really. There are two broad categories of divorce contested and uncontested. Divorce is said to be contested when there is no mutual agreement. An uncontested divorce is when both parties have agreed to part ways. Uncontested Divorce by Simple Divorce Lawyer in Vaughan will assist you through the process and ensure that your rights are protected through the proceedings. The lawyers will review the documentation and explain them to you. This way you can be sure of the documentation that you are signing. The process of uncontested divorce is usually simpler. It is less expensive and time-consuming. Having the right lawyer can make the process smooth. You must have a basic understanding of what an uncontested divorce is.
What is an uncontested divorce?
In an uncontested divorce, there is no defendant. Both the spouses have filed for a divorce with mutual consent. This mutual consent helps to make the process faster and simpler. Most of the decisions in this type of divorce are made easily, as both parties have agreed to end the marriage. The changes of unresolved issues are lesser. In case of an uncontested divorce, neither of the parties have to serve the documents. There is usually a 30-day appeal period after the divorce judgment is granted. This is not observed in this type of divorce.
What is the process of an uncontested divorce?
Uncontested divorce proceedings can begin by filing a statement of claim. This needs to be served personally to the respondent. The notice of claim which is served dictates the orders that the claimant wants the court to make. The response to the notice is dependent on the orders that are being requested, and whether you are in agreement. The divorce lawyer will review the claim and explain what it means. This impacts the divorce proceedings and your rights.
The statement of claim can be responded to in various ways. You can file a counterclaim if you have claimed that you want to make it. If you wish, you can file a statement of defence that can turn the divorce into a contested divorce. You could also file a demand of notice if the divorce is uncontested, you want to be provided with the documents filed in the proceedings. You may choose not to respond and can wait to be noted in default. When you take this step you give up the right to have a say in the divorce proceeding or court judgement. After this, you will not be allowed to be a part of the proceedings and will have to meet the set terms of the agreement. Once you have filed the response, you will have to observe a waiting period. The waiting period in an uncontested divorce is usually less stressful as all decisions have been handled out of court.