The end of a marriage will always bring emotional turmoil and an element of sadness. Unfortunately, it can also end in disagreements, and in the most serious cases, a court case. However, if a couple can remain civil with each other and come to an agreement on property division, child custody, and alimony, then much of this unpleasant and costly litigation can be avoided. However, there are some downsides to seeking an uncontested divorce. We will explore the pros and cons in this article in an attempt to help you decide if you should choose the uncontested divorce route.
cons
An uncontested divorce in name does not always mean an uncontested divorce in reality. If one spouse has been subjected to physical or emotional abuse, any agreement to end a marriage can be harsh. This gives the abusive spouse an advantage over a vulnerable individual. The spouse who has experienced abuse will be in a much stronger bargaining position if he or she is represented by an Ontario lawyer and should be encouraged to seek legal advice before entering into legally binding agreements.
Uncontested divorces are problematic when the separating couple cannot speak to each other politely and any conversation turns into an argument. Where there are continuous clashes, it will be almost impossible to reach an agreement. In this case, the legal representation of both parties is essential to ensure that a fair agreement is reached.
While couples may be interested in seeking an uncontested divorce to save on legal fees, the legal structure and paperwork may be more complex than you are comfortable with. Although the procedure is relatively straightforward, you should fully understand the paperwork you are signing, as there is no opportunity to make changes once the divorce is final.
advantages
The main advantage of an uncontested divorce is that the divorcing couple maintains a good relationship. Divorce is dignified and civil, which is a great goal to strive for, particularly if children are involved.
Lower cost is another advantage of an uncontested divorce, as it is the least expensive way to end a marriage and a good way to ensure that your assets are not used to pay expensive legal bills.
How do uncontested divorces work?
If you decide to pursue an uncontested divorce, then the process is relatively simple and you do not need to appear in court. You may or may not choose to hire an Ontario divorce lawyer. If you choose to seek legal representation, then you will each need to hire an Ontario lawyer to represent your interests. This attorney will help you prepare the relevant documents and make sure you fully understand the agreement and what it means to you. This is a good way to protect your interests and ensure that you receive a fair settlement. For more information on uncontested divorce, check out this article on Shaikh Law’s website 5 Tips About Divorce in Ontario and Divorce Costs in Ontario. Click here
