Many people think a “simple divorce” and an “uncontested divorce” are the same thing.
In Canada they are not.
A simple divorce refers to spouses asking the court to dissolve the marriage and not to adjudge any other issues, such as custody and access to the children, child support, spousal support, and property division. A simple divorced may be petitioned and granted in writing without the personal attendance of the spouses.
An uncontested divorce refers to one spouse petitioning for a divorce and corollary relief unopposed by the other. This often happens when the other spouse decides not to participate in the proceeding.
A divorce can be simple and uncontested at the same time. For example, if the parties have settled their affairs at separation by a separation agreement, the divorce proceeding is likely to be simple and uncontested.
Alternatively, in extremely short marriages where there are no children involved, (e.g. two near-strangers with killer hangovers wake up surprised to find that they got married the night before) the parties may wish to part their ways by a simple and uncontested divorce.
However, what started out as a simple divorce may become a full-blown proceeding before the Court. For example, one spouse’s application for a simple divorce may be contested by the other because the latter wishes to ask for spousal support.
Similarly, an application for divorce and corollary relief (e.g. spousal support, child support, etc.) can be uncontested if the other spouse simply doesn’t participate in the proceeding.
There you have it.
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Please Note: This article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. The law may have changed since the publication of the article.
