An uncontested divorce is one in which no relief is being requested other than a divorce, or the terms of the relief have already been settled by a Separation Agreement or Court Order. There would also be no problem in locating and serving the other spouse.
If the parties have agreed to settlement terms but there are no written Separation Agreements or Court Orders, no issues as to property or financial disclosure, the case would be considered an uncontested divorce. In that case, however, there would be an extra charge to draft Minutes of Settlement setting out the terms of the agreement between the parties.
To be entitled to commence an uncontested Divorce Application a person must have a ground for a divorce under the Divorce Act. The main grounds are one (1) year separation, and adultery. An Application can be issued before the one year but the Application for the Divorce Order cannot be made until the one year is up, and then there is still a one month waiting period. The adultery must be the other party’s adultery, and must have occurred either after the separation, or before, but if before the adultery cannot be forgiven. The law also allows for a 90 day reconciliation period during the one year separation, which would not affect the starting point of the one year.