uncontested divorce vs contested
uncontested divorce vs contested
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Uncontested Divorce vs Contested Divorce


Divorce can be a very complicated and messy process. Do you know the types of divorce and how they affect the divorce process? There are two main types of divorce: Contested and Uncontested Divorce. There are many factors that could result in whether a divorce is contested or uncontested.  In this article we will discuss the difference between the two, the issues that result in them and how these types of divorce affect the overall divorce process.

What is a Contested Divorce?

A contested divorce occurs when one spouse files for divorce and the other spouse does not file an answer. By failing to respond, the other spouse is essentially saying they do not agree to the divorce itself or the terms of the divorce.  It can also be considered contested if the two parties can not agree on the main terms of the divorce. 


The issues that can cause a divorce to be contested most commonly include Division of assets and debt, Child support/ visitation and Spousal support.

What is an Uncontested Divorce?

A divorce is considered uncontested when both parties are in agreement on all issues related to the divorce. This means that officials can file the divorce without the parties appearing in court. 


  You can file for an uncontested divorce in Alberta if:

  • you or your spouse have resided in Alberta for the past 12 or more months;

  • you and your spouse are in agreement  concerning property, assets and debts;

  • if spousal support is an issue, you and your spouse are in agreement, and 

  • If there are dependent children, you and your spouse are in agreement regarding custody, access and support.

How Does the Divorce Process Differ?

Uncontested divorces are resolved faster and can be settled outside of the courts, meaning that they are less stressful and less of a financial burden. A contested divorce can be settled in many ways including outside the courts, negotiations or a formal divorce process. They do take longer and can cost more. Contested divorces are more common with couples that have been married longer, have children and more assets to deal with. 


Many couples will begin the process as a contested divorce but before the trial, they will have worked through the issues and come to a settlement on their own. This is beneficial because it means that the divorce can be finalized with both parties in agreement with the terms. 

When a married couple decides to end their marriage there are specific processes that need to be followed to ensure legal recognition. Although it is favourable to resolve issues outside of the courts in an uncontested manner,  if it is not possible for both parties to come to an agreement, the lawyers at Kolinsky Law will help you to resolve this in a way that will best suit the needs of all parties. Either way, our lawyers are here to help you. 


Kolinsky Law is a results focused family law firm in Edmonton that can guide you in all types of family law issues including but not limited to uncontested divorce, child support, child custody, spousal support, child protection and alimony. We can assist with very simple cases as well as the most complicated of family law issues. We are well versed in matters under the Divorce Act, the Family Law Act, the Matrimonial Property Act and other related statutes. Kolinsky Law will do all it takes to ensure you are represented in the best way possible.