There are other reasons that you would want an uncontested divorce apart from the obvious ones like substantially reduced cost and conflict levels. While you can consider a divorce to be uncontested if the served spouse doesn’t respond, the more popular method to file an uncontested divorce is by a Joint Application for divorce put forward by both spouses. A Joint Application also has the advantage of removing the element of uncertainty from simply serving a spouse and hoping that they don’t change their minds after being served.

Simplicity

Some Family Law practices sell kits that allow you to purchase the paperwork needed to file an uncontested divorce, along with guides on how to fill everything out. If you wrote essays for university or have completed major paperwork of any kind, you can fill out the paperwork for an uncontested divorce without any legal assistance.

Egalitarian

An uncontested divorce means exactly what the name states. Both parties agree to everything without dispute. With disputes and emotions come court settlements that are generally not egalitarian at all. If you have the most to lose in a divorce, you should be the first to seek an uncontested settlement. This doesn’t mean you can get away with paying less than you should; the court is unlikely to grant a divorce in the case of child support amounts that are less than recommended by the Canadian Federal Child Support Guidelines. In fact, those who file Joint Applications are more likely to pay more child support and less legal fees (1).

Less Stress on Children

If you can tell your children that you had an uncontested divorce, this greatly reduces their stress levels. The fact that you can agree on finances and custodial arrangements means that you are both solid parents to them, something younger children will benefit greatly from. The cooperation needs to be carried forward into the term of the joint custody; cases decided recently in Ontario courts have sent a strong message that if parents do not cooperate, they will lose joint custody. (2)

There are many other reasons for considering an uncontested divorce that aren’t listed here for the sake of brevity. Remember that there are also situations in which you should not get an uncontested divorce; your lawyer will be forthcoming with you if they believe that yours is one of those situations.

1 – P. 65, Surviving Your Divorce, Michael Cochrane, John Wiley and Sons
2 – P.101-102, Surviving Your Divorce, Michael Cochrane, John Wiley and Sons