No Contest Divorce Attorneys in Calgary, Alberta: Kahane Law Office

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Divorce Without Fighting: No Contest Divorce in Calgary

Attorneys For An Amicable Ending To Marriage

Not all divorces end in bitter battles. Some married couples decide that their marriage is not working for them. Ideally they have tried counseling or worked together to make their marriage work. If a couple decides to go separate ways and they are not fighting over things, then they may be eligible for a no contest divorce. In a no contest divorce, a term used more often in the United States, a no contest divorce attorney put a legal end to the marriage. For a flat rate fee, Kahane Law Office will help you legally divorce. While divorce is based on Federal law in Canada, no contest divorce attorneys can apply in your local jurisdiction, such as Calgary. Read more or call in Calgary at 403-225-8810.

Two Types Of Divorce: Contested And No Contest

A no contest divorce entails both spouses agreeing on the issues presented to the court. They accomplish this by filing for divorce. Alternatively, at the very least, they communicate efficiently in the negotiating phase of settling the outstanding issues. Both parties do not need to agree on personal issues, but both spouses must have the desire to work through the divorce quickly, privately, and with minimal costs. A no contest divorce does not go to trial. They can be settled outside of the courts in an amicable manner. Both parties are in agreement of filing for divorce and are willing to minimize personal conflict in order to achieve settlement quickly. The are called no contest because neither party is contesting, or challenging, the divorce or any of the terms as applied for in the divorce.

When filing for divorce, you cannot file for a ‘no contest divorce’. Your divorce attorney files a normal divorce claim with the courts. Instead, a divorce is considered a ‘no contest divorce’ once a spouse files and then receives not dispute with regards to an application contesting the divorce from the other spouse within the amount of time specified. In some instances, the other spouse just requires a notice of filings but no contest if raised or filed at the courts.

Benefits Of An Uncontested Divorce

One of the most attractive benefits of a no contest divorce is that settlement happens faster and fairly inexpensively. This process avoids time in court actually appearing in front of a judge. This then allows for reduced time that you pay a lawyer to attend court. Further, it also avoids the mediation and/or judicial dispute resolution process.

A no contest divorce speeds up the legal battle by forcing the parties to deal with outstanding issues. Even if you do not agree with your partner on every aspect of your divorce; filing this type of application to end a marriage still allows for negotiation until an agreement is reached between both parties on all issues. For example, the most common issues in divorce include:

dividing assets;
dealing with joint bank accounts;
dividing debts;
who keeps the matrimonial home;
alimony payments;
ownership of pets;
shared property;
child support; and lastly
child custody.

In the end it is up to the couple as to how they want to proceed with their divorce. A willingness to negotiate results in less legal conflict and reduces the overall time it takes to make a divorce final. One party cannot force or insist on this type of divorce. Both parties must work together to set their personal differences aside and decide how they will untangle their lives from a legal perspective.

Where No Contest Divorce Attorneys Cannot Help

Usually, a no contest divorce is the favourable option for many. However, realistically not all divorce settlements occur in this manner. Too many unresolved issues prevent utilizing this approach. A no contest, or uncontested divorce is not a suitable option for cases where conflict is high, or when partners are simply unable to find common ground. Instead, a contest divorce would be the better option in highly difficult situations to ensure the well-being of both parties. Our family law lawyers assist with negotiations or advocating for you in disputed separations but this process follows a different route.