Contested vs Uncontested Divorce

A contested divorce unfolds when spouses cannot agree on one or more key issues, including division of assets, parenting time, decision making, child custody or spousal support. The disputes may either be settled outside the court through negotiations or through formal appearances before a judge. If children are involved, the court will not grant a divorce unless child support has been properly addressed and put in place. This is also true in contested divorces. 



On the other hand, an uncontested divorce is just that: both parties agree or have no opposition to any of the facts stated on the Divorce application. This is also known as a Simple Divorce. It is also an uncontested divorce when one spouse files the divorce application, but the other spouse doesn’t respond or challenge within 30 days of receiving the Application. 

Advantages of uncontested divorce: 

Cost: Most family lawyers charge by the hour and since the uncontested divorce usually does not present any arguable issues, it is the more affordable option. There could be some extra work involved, especially if the divorce involves children. 

Time: Uncontested divorce is a much quicker process as the file is not sitting on the judge’s desk to be reviewed for weeks or months. Alternatively, contested divorce calls for conferences, interim motions, and possibly a full trial. Together, it can take up to a year to process this type of divorce. 

Children: Children whose parents amicably settle divorce issues outside court have better relationships with them. They don’t see their parents arguing, which makes it easier to process. 

Grounds of divorce in Ontario 

In Ontario, both contested and uncontested divorce can be made, based on one of three conditions. 

First, if you and your spouse have been living separately for a minimum of one year, it’s considered sufficient proof that the marriage is irretrievably broken. It’s important to note that living separately doesn’t necessarily mean living in different locations; you can reside in the same house but must lead independent lives.

The second ground is adultery. If your spouse has been unfaithful, you have the legal right to seek a divorce. Lastly, any form of mental or physical cruelty that makes living together unbearable also qualifies as a legitimate reason for divorce. This includes behavior that threatens the physical or psychological well-being of a spouse.

Navigating through a divorce can be a complex and emotional journey, but understanding your rights is the first step towards empowerment. 

Our Brampton family lawyers are here for you. Please reach out to us to book a free 15 minute consultation today.