DIVORCE PROCEEDINGS

Divorce is a court judgment which legally dissolves or ends the marriage between two people.  Under the Canadian Divorce Act, grounds for divorce can be attained in three ways:

1.  The spouses have been living separately for at least one year.

2.  The spouse against whom the divorce is sought has committed adultery.

3.  The spouse against whom the divorce is sought has treated the other spouse with physical or mental cruelty.

An application for divorce can be contested, which usually means that one of the parties is claiming relief other than simply obtaining a divorce (child support or spousal support, for example).  Uncontested divorce is a divorce proceeding where no relief other than a divorce is being sought.  That means the issues of child support, decision making authority (formerly custody), parenting time (formerly access) and possible property equalization and spousal support have been resolved through a separation agreement or a court order.  For a divorce to be considered uncontested, you must be seperated for at least one year, there must be no problems serving your spouse, and your spouse must not file an answer.  The price for handling an uncontested divorce is usually a fixed price.