An uncontested divorce is one where both parties agree on the details of the divorce. The details may include any or all of the following:
~ The grounds for divorce. In Canada, it is most common to use separation in excess of one year as the grounds for divorce. Less frequently, and often more contentiously – adultery or cruelty/abuse are grounds for divorce, but must be proven
~ Division of a matrimonial home, assets and liabilities
·~ Custody, access and support of a child or children of the marriage see related Blog post
~ Pension, RRSP, Retirement income splitting (often spouses agree to retain their own)
The above is a simple list. However, the list can become extensive.
Regardless of how exhaustive a list, if the parties agree on all the details, it is an uncontested divorce. For uncontested divorces requiring splitting of more complex assets, the use of a family or divorce lawyer is strongly recommended. Most uncontested Alberta divorces do not require a lawyer, and a reputable paralegal firm or divorce service is an excellent alternative with the benefit of keeping your costs low, and for the parties to maintain a civil divorce process.
by Civil Divorces Alberta Paralegal Service Ltd., Calgary, Alberta
www.civildivorces.com
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