Uncontested Divorce with Children in Canada: What You Need to Know
If you are considering a divorce and have children, it is important to understand the process of an uncontested divorce with children in Canada. This type of divorce can be complex, so it is best to consult with a family lawyer who can help guide you through the process. There are many things to consider when going through a divorce, and with children involved, the process can be even more complicated. In this article, we will discuss some of the key things you need to know about divorcing with children in Canada.
Uncontested or Not?
One of the first things to keep in mind is that divorce with children is almost always a contested divorce. This means there will be disagreements between the parents on various issues, such as child custody and visitation, child support, division of assets, and spousal support. It is important to have a divorce lawyer who can help you navigate these complex issues.
How to File for an Uncontested Divorce With Children?
If you and your spouse are in agreement on the terms of the divorce, you can file for an uncontested divorce. This means that you do not need to go to court and have a judge decide the terms of the divorce. You will simply need to file a divorce application with the court and include a separation agreement that outlines the terms of the divorce.
What Are The Steps Involved in an Uncontested Divorce With Children?
There are several steps involved in an uncontested divorce with children:
- First, you will need to file a divorce application with the court.
- Next, you will need to serve your spouse with the divorce application.
- Once your spouse has been served, they will have 30 days to respond to the divorce application.
- If your spouse does not respond, you can file a request for a divorce certificate.
- Once you have received the divorce certificate, you will need to file it with the court.
- Finally, you will need to attend a divorce hearing, where a judge will grant the divorce.
What Are The Benefits of an Uncontested Divorce With Children?
There are several benefits of an uncontested divorce with children:
- It is generally faster and cheaper than a contested divorce.
- It is less stressful for both parties involved.
- It allows you and your spouse to control the outcome of the divorce.
What Are The Drawbacks of an Uncontested Divorce With Children?
While there are many benefits to an uncontested divorce with children, there are also some drawbacks:
- It can be difficult to reach an agreement on all issues.
- If you have a complex financial situation, it is best to consult with a divorce lawyer.
- It is important to have a separation agreement in place before filing for an uncontested divorce.
The Cost of an Uncontested Divorce With Children
The cost of an uncontested divorce with children in Canada can vary depending on the complexity of the divorce and the number of children involved. The average cost of a divorce in Canada is $13,000, but this can increase if there are more complex issues to be resolved.
Child Custody and Visitation
In an uncontested divorce with children, the parents will need to come to an agreement on child custody and visitation. This is often one of the most contentious issues in a divorce, so it is important to have a family lawyer to help you navigate this process. Many factors will be considered when determining child custody and visitation, such as the child’s age, the wishes of the child, and the ability of each parent to care for the child.
Who Decides What’s Best For the Children?
In Canada, the courts always prioritize the child’s best interests when making decisions about divorce. This means that custody and visitation arrangements will be based on what is best for the children, not necessarily for the parents. The court will also consider factors such as which parent has been the primary caregiver, the child’s relationship with each parent, and any child’s special needs.
What About Child Support?
In Canada, both parents are legally required to support their children financially. Child support is typically paid by the non-custodial parent to the custodial parent, but in some cases, it may be paid by both parents. The amount of child support that is payable depends on various factors, such as the income of both parents, the number of children, and the custody arrangement.
What About Spousal Support?
Spousal support is not mandatory in Canada, but it may be ordered by the court if one spouse can show that they are financially dependent on the other spouse. The amount of spousal support that is payable depends on a variety of factors, such as the length of the marriage, the financial needs of each spouse, and each spouse’s ability to pay.
Dividing Up Your Assets
In Canada, all marital property (including assets and debts) must be divided equally between spouses unless there is a good reason to do otherwise. This includes any property you acquired during the marriage and any property that was brought into the marriage. It is important to note that not all property is considered marital property. For example, inheritances and gifts are typically not divided between spouses in a divorce.
What Happens if You Can’t Agree on Everything?
If you and your spouse are unable to agree on all of the issues in your divorce, you will need to go to court and have a judge make the decisions for you. This is called a contested divorce, and it can be a very lengthy and expensive process. It is always best to try to reach an agreement with your spouse before going to court.
It Will Be Emotional For Both of You
Another thing to remember is that the divorce process can be very emotionally charged. This is especially true when there are children involved. The couple should be prepared for this and try to stay calm throughout the process. They should also be prepared to make some compromises along the way.
Talk to a Divorce Lawyer Beforehand
If you are considering divorce and have children, you must consult with a family lawyer who can help guide you through the process. In Canada, divorce with children is always a contested divorce. This means that there will be disagreements between the parents on various issues such as child custody and visitation, child support, division of assets, and spousal support. A divorce lawyer will help you navigate these complex issues to have the best possible outcome for your divorce case.
Final Words
If you are considering a divorce and have children, it is important to understand the process of an uncontested divorce with children in Canada. This type of divorce can be complex, so it is best to consult with a family lawyer who can help guide you through the process. There are many things to consider when going through a divorce, and with children involved, the process can be even more complicated. In this article, we have discussed some of the key things you need to know about divorcing with children in Canada. If you have any further questions, please consult with a divorce lawyer.
Request a Free Consultation
Free Consultation
