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Divorce Lawyer Toronto
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Obtaining a divorce in Ontario should not be difficult. Save yourself time, money and stress. Getting
started is simple. Contact our Toronto divorce lawyer now!
Uncontested Divorce
Are you looking to end your marriage or common-law partnership without the traditional downsides of litigation? An uncontested divorce is quite an inexpensive and less frustrating process of ending a marriage. This divorce doesn’t involve any disputes or arguments that need to be resolved in court. The spouses simply agree on the terms of the divorce without going to trial.
Why opt for an uncontested divorce? Couples seeking a divorce or separation should first try and work out some mutual terms without heading to court. Some separating couples choose to appoint a mediator or go for arbitration with a lawyer by their side. This approach often saves so much time and money. It helps to bypass the lengthy litigation and trial process. Additionally, uncontested divorce proceedings usually reduce the hostility that a contested divorce creates, allowing both parties to resume their lives much more quickly.
How can We help?
As uncontested divorce lawyers, we meet with our clients and explain all their alternative dispute resolution options while helping them find a decision that matches their individual needs. Simple Divorce is often sought after by couples who recognize the challenging implications of going through the contested litigation process. An amicable divorce can still involve complex issues with high financial stakes and technical legal procedures, which is why you need an experienced legal team by your side. While the uncontested divorce doesn’t have to be performed with a lawyer in order to be granted, it often makes sense to hire one. We bring experience, professionalism and dedication to ensure your matter is resolved in the best way possible.
There are two applications for an uncontested divorce. Simple Divorce can assist you with both…
Contested Divorce Litigation
Every divorce involves one or most of the following main issues:
- Division of property
- Division of debt
- Custody of the children, if any
- Payment of child and/or spousal support
You may have met all the requirements to be granted a divorce, such as the 1-year separation period, but if you can’t agree on the above issues concerning the divorce, you may end up in court asking for a court order (where the judge makes these decisions on behalf of the couple). This is what is regarded as a contested divorce. Going through a contested divorce is likely to cost you a lot of time and money. There is also a waiting period required by law before finalizing a divorce.
Steps involved in a contested divorce
- Preparing, filing, and serving the divorce petition to the other spouse. This petition asks for a divorce and states the grounds for the breakdown of the marriage.
- Receiving a response to the petition from the other spouse
- Interviewing and hiring a legal team to help represent your case
- Engage in information gathering processes where your lawyers undertake the different legal procedures to get all the information required for court hearings.
- Pre-trial hearing and motions
- Settlement proposals between the lawyers from both parties
- If a settlement is not successful, the lawyers will begin preparing for trial
- During the court trial, both parties will attend court hearings
- The court will make the final decision and give out a divorce order that can be appealed by the couple who disputes the judge’s decision.
Preparing for trial
There are many cases where the couple is unable to resolve their issues during the settlement phase. Even though the court encourages couples to work things out, the next step of moving to the divorce court happens when no resolution is made. During trial, the parties’ lawyers will present their closing arguments, cross-examine witnesses and after that, a final order is made to finalize the contested divorce.
Put our knowledge and experience in your corner to vigorously fight for your rights in court…
Separation Agreement
A separation agreement is a document that a separating couple uses to define their rights and obligations when the marriage ends. It may define how their assets and responsibilities are divided, parenting and support arrangements. A separation agreement is often used by couples who are looking to part ways and don’t want to go through the divorce proceedings. Either partner can challenge this document during the divorce process, which is why it’s important to have a lawyer review it before signing.
Why use a separation agreement?
Having lived together for some time, you are likely to be sharing a lot of things and responsibilities as a couple. You may also have plans of sharing things like pension income and pay-outs or the cost of educating your children in future. With a separation agreement, you can formally address these matters. You can set out the steps that need to be taken by each spouse and mutually acknowledge these decisions by signing the agreement. This document can go a long way in avoiding misunderstandings in future.
When should you use a separation agreement?
You can use a separation agreement as an alternative or a precursor to divorce. After the one-year separation period is over, you can prove the divorce on the grounds of adultery or cruelty. In fact, many couples choose to use a separation agreement because they cannot satisfy the legal requirements for a divorce. The document provides clarity on how you will divide your assets and responsibilities.
In cases where the separation progresses to divorce, this document can be used to prove the date of separation and form a basis for the court’s decisions on the division of assets and responsibilities. However, the court remains with the discretionary power to overturn or vary a separation agreement since it is not legally binding.
A separation agreement is a domestic contract that allows you to settle issues between both spouses…
Foreign Divorce Opinion Letter
If you are looking to get married in Canada and you or your spouse has been divorced outside of Canada, you will need a properly drafted foreign divorce opinion letter. This letter validates the foreign divorce in Canada. It is proof that your divorce, which occurred in another jurisdiction, is also recognized in Canada.
The foreign divorce opinion letter is considered an authorization issued by the Minister of Government Services to show that the divorce is valid before a Canadian marriage license can be issued to the applicant.
Is your foreign divorce valid in Canada?
Several factors are considered to determine whether your foreign divorce will be considered valid in Canada. For instance, our lawyers will review your files to determine if either you or your spouse were residents in the jurisdiction that granted the divorce at least a year before the commencement of the divorce proceedings. We will meet with the client to analyze the circumstances of their divorce and examine any foreign divorce decrees that must be notarized and translated.
Our lawyers will help you gather all the necessary documents that need to be submitted to the Office of the Registrar General. These include the marriage license application signed by both parties, original divorce translated in English or French, a statement of sole responsibility signed by each party and the divorce opinion letter.
Our lawyers and support staff have handled numerous foreign divorce opinion letters for clients throughout the region. We’re happy to tailor our solutions for your legal needs.
A foreign divorce opinion letter signed by an Ontario lawyer along with your application for marriage…
Family Lawyer Toronto
Divorce and separation is arguably the most difficult time that an individual and family can experience. In addition to the emotional stress, you should not have to deal with the uncertainty so often accompanied with complex family law matters.
If you are having issues relating to property, child custody, child support or spousal support, our family lawyer can help. A family lawyer will be able to provide you with a comprehensive strategy on how to best approach your family law matter. Whether that strategy requires negotiating at the outset or to immediately initiate the court process, our family lawyer will devise a plan suited to your needs and goals.
Our goal is to reduce your stress and help guide you through these uncertain times.
