---
title: "Contested vs. Uncontested Divorce in Quebec: The Difference ✦ Goldwater Droit"
canonical_url: "https://goldwaterdroit.com/en/faqs/difference-between-contested-and-uncontested-divorce-quebec"
last_updated: "2026-09-15T21:39:48.408Z"
locale: en
meta:
  description: "In Quebec an uncontested divorce settles everything by agreement, often by joint application under art. 430 C.p.c.; a contested divorce leaves issues for a judge."
  "og:description": "In Quebec an uncontested divorce settles everything by agreement, often by joint application under art. 430 C.p.c.; a contested divorce leaves issues for a judge."
  "og:title": "Contested vs. Uncontested Divorce in Quebec: The Difference"
---

# What is the difference between a contested and uncontested divorce in Quebec?

The difference is whether the spouses agree. In an uncontested divorce, the spouses have resolved all of the consequences of their separation—parenting, child and spousal support, and property—and can often proceed by a joint application on a draft agreement under article 430 of the Code of Civil Procedure, frequently without a trial. In a contested divorce, one or more issues remain in dispute and a judge must decide them after each side presents evidence. Even in an uncontested divorce, the spouses must still establish a ground for divorce under section 8 of the Divorce Act, usually one year of living separate and apart. Uncontested files are generally faster and less costly than contested ones.

Code of Civil Procedure, art. 430 (joint application on a draft agreement) Divorce Act, s. 8 (breakdown of the marriage)