uncontested divorce

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I want to apply for divorce immediately. We,ve been seperated for couple of years and settled everything. Am i allow to use uncontested divorce?

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A Family Lawyer

10 years ago

This is intended for general information only and not specific legal advice. However, if you are in Ontario, you would issue, serve and file the Application (Divorce Only) and if you are served with an Answer including claims as to other issues such as property division, support, custody or access, etc. then the matter is contested, and if there is no Answer or responding materials then the matter is uncontested. A contested/uncontested divorce refers to the claims made in the case, not the claim for divorce. The grounds for divorce are separate and apart for one year, cruelty and adultery. If there is no dispute to the grounds on which you are claiming a divorce, then the claim for divorce is not contested. However, the divorce claim may need to be put on hold if other claims must be finalized beforehand. If you do receive an Answer or responding materials then subject to legal advice you would have the opportunity serve and file a Reply to submit your position to the court on those claims in dispute.

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