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, in a court case. However, if a couple can remain civil to each other and come to an agreement on property division, child custody, and alimony, much of this unpleasant and costly litigation can be avoided. However, there are some downsides to seeking an uncontested divorce. We’ll explore the pros and cons of this article in an attempt to help you decide whether to choose the uncontested divorce route.
Cons
An uncontested divorce in the name does not always mean an uncontested divorce in reality. If one of the spouses has been subjected to physical or emotional abuse, then any agreement that is made about the termination of the marriage can be made under duress. This gives the abusive spouse an advantage over a vulnerable individual. The abused spouse will have a much stronger bargaining position if represented by an Ontario attorney and should be advised to seek legal advice before entering into any legally binding agreement.
Uncontested divorces are problematic when the separating couple is unable to speak civilly and any conversation turns into an argument. Where there is ongoing fighting, it will be almost impossible to reach an agreement. In this case, legal representation from both parties is essential to ensure fair treatment is reached.
While couples may be interested in pursuing 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 must fully understand the paperwork you are signing, as there is no opportunity to make changes after the divorce is final.
Pros
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, especially if there are children involved.
Cost reduction 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 are not required to appear in court. You can choose whether or not to hire an Ontario divorce attorney. If you choose to seek legal representation, then each will need to retain an Ontario attorney to represent their interests. This attorney will help you prepare the relevant documents and make sure you fully understand the agreement and what this 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 the Shaikh Law website 5 Tips on Ontario Divorce and Ontario Divorce Costs. Click here
