British Columbia Uncontested Divorce

British Columbia Uncontested Divorce

A British Columbia Uncontested Divorce is where the husband and the wife are in 100% agreement on each one of the significant issues. For you and your spouse to be in 100% agreement, you are going to have to talk amongst yourselves to get each one of the major issues resolved

If you and your spouse are able to agree on everything from the outset – how to raise your children, who will raise the children, and how you will divide your property between the two of you, among other things – then you are in the fortunate class of separating spouses with relatively tiny legal bills and children who have not borne the scars of warring parents and a court battle.

An uncontested divorce is faster, cheaper, and less emotionally draining on everybody involved than going to trial. Where there is no dispute between the divorcing spouses, an appearance in court is usually not needed, and the order for divorce can be obtained by way of desk order. Our Naked Divorce Filer can take care of the entire desk order divorce process from start to finish. From the initial collection of information to the final application for a desk order divorce. The paper work will ensure your legal rights are protected and will minimize the chances of the courthouse rejecting your application.

Here are our suggestions for making sure your divorce remains uncontested:

  • Suggestion #1 – Do not surprise your spouse. If you are reading this article, then there is a high probability that you and your spouse are moving forward to a divorce. Before you call a divorce lawyer or us, talk about the divorce with your spouse first. By doing so, you will show respect toward your spouse’s feelings, and hopefully, you will cause the divorce process to flow smoothly.
  • Suggestion #2 – Maintain excellent communication with your spouse. So long as you and your spouse can communicate with each other without yelling or using profane language, try to maintain an open channel of communication between the two of you. This is especially important when you and your spouse have children who are under the age of eighteen.
  • Suggestion #3 – Keep the children out of it. This is especially true during the early stages of divorce when there is much uncertainty surrounding your children’s lives. During the early stages and throughout the whole divorce process, do your very hardest to shield the children from the uncertainty.

Contested Divorce

However, if you and your spouse disagree about one or more aspects of your separation, your application for divorce is a contested one. In contested divorce proceedings, retaining a lawyer is strongly recommended. Your lawyer can guide you through negotiations, minimize the time you spend in court, and maximize your chances of success.

While it is impossible to describe all aspects of a contested divorce on this website, family law disputes and contested divorce proceedings always involve arguments about which spouse will have control over children, possessions, or money. These arguments can be settled between the parties, using negotiation or mediation. If these options fail, then either party can have a judge decide the matter either on a temporary basis (generally, a short hearing resulting in a temporary order) or on a permanent basis (usually, involving a full trial resulting in final orders.)

However, simply because you and your spouse do not agree on everything does not mean that you will necessarily end up going to trial. In fact, the vast majority of family claims do not go to a full trial. If you and your spouse get part-way through the process of preparing for trial and then come to an agreement about all of your issues, it is always open to the two of you to avoid trial, and convert your proceeding to an uncontested divorce, at a fraction of the cost.

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