Uncontested divorce by Simple Divorce Lawyer in Hamilton

An uncontested divorce avoids the ongoing litigation that can put you before the courts and cost you more than necessary to end your partnership. If you’re looking to end your marriage or common-law partnership without the emotional and harmful disagreements that are perpetuated in a lot of divorces, an uncontested divorce is a way forward. It’s inexpensive. It’s a lot kinder to both parties. Both spouses agree on the terms of the divorce without going to trial.

 

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Why choose uncontested divorce?

You don’t need to head to court to resolve matters in a divorce. The first step, once a couple has decided they are seeking a divorce or separation, is to work out mutual terms between them. You may appoint a mediator for this or engage in arbitration with lawyers present. Regardless of how you do it, this saves you lots and lots of time, frustration, money, and litigation. This allows both parties to resume their lives, separate amicably, and work out what’s best for them.

How can we help?

Hiring an uncontested divorce lawyer in Hamilton, we will outline for you all dispute resolution options available. We recognize divorces are complex and the financial consequences of what’s decided are permanent, long-term, and binding. As your lawyer, we are there to protect your legal rights and make the technical legal procedures that are otherwise challenging to navigate a lot simpler. While you don’t need a divorce lawyer in Hamilton to have an uncontested divorce, the benefits of having one are that you make sure your agreement is reasonable and handles all relevant matters to you. Every divorce agreement is tailored to the separating couple and their interests. For matters including division of assets and debts, spousal support, child support, parenting time and guardianship, and relocating with children, these are all topics that a family lawyer can help with.

Contested Divorce Litigation

When there is disagreement in negotiating divorce terms and you cannot resolve it together, this then becomes a contested divorce.

  • Division of property
  • Division of debt
  • Custody of children, if any
  • Spousal support and/or child support

The matters above are all aspects of a divorce that are routinely contested in a divorce. Assuming you’ve already undergone the 1-year separation period before being legally allowed to grant a divorce, if there is still no agreeing on these and/or other topics, you will likely end up in court. At that time, a judge will be the one who makes these final decisions which many couples don’t like as it puts their future into the hands of someone else. A contested divorce will cost you more time and money, by far, and should be considered a last resort.

Contested divorce: Steps involved

  • Go to the courthouse and begin the process of registering for a divorce. This will involve preparing and serving the divorce petition to the other spouse. This petition will state plainly the grounds for the breakdown of the marriage and request a divorce agreement from the courts.
  • A response from the other spouse is issued to the petition.
  • At this stage, it’s important for you to hire a legal team to represent your case.
  • Your lawyers will begin gathering information on your behalf and ready themselves for the court hearings.
  • Pre-trial hearing and motions.
  • Lawyers from both parties may propose settlement offers as a negotiating starting point. If matters are still unresolved, there is no choice but to take the court to trial.
  • During the court trial, both parties are required to attend the court hearings and their respective lawyers will plead their case.
  • The court makes the final decision on all disputed matters and gives out the divorce order.
  • You may choose to appeal the decision. This will mean more time and money and should be a decision you make with your legal team’s advice based on evidence rather than emotion.

Preparing for court trial

Preparing for trial, for persons who have never been in one before, can be intimidating. During trial, your family lawyer presents opening and closing arguments, cross-examines witnesses, and works hard to protect you in the lead-up to a decision being finalized. Trials are emotional and have financial or legal repercussions that can be hard to live with. It is much better to resolve disputes in a settlement than it is to get in front of the courts. Your lawyer will be your ultimate resource navigating the dynamics of a trial, ensuring you are capitalizing on every opportunity to get the best result as it pertains to finances, assets, cost, parenting and children if any are involved.

Separation Agreement

For couples looking to part ways but who do not want to go through the emotional toll of divorce proceedings, a separation agreement is what’s used. This document defines rights and obligations going forward, following the dissolution of marriage. Assets, parenting, and support arrangements are made legally binding in a separation agreement, as decided on by both parties. At the same time, separation agreements can be challenged during a divorce. This is precisely where a family divorce lawyer in Hamilton can be highly beneficial.

Reasons for a separation agreement

You may seek out a separation agreement for several reasons:

  • You’ve lived together a long time with this other person and share a lot of roles or responsibilities that are to be divided up.
  • You may have had plans, such as sharing pension income and future retirement savings, which need to be decided on.
  • There are financial costs tied to raising children, including decisions such as who’s to pay for their education or should either party decide to relocate, that have to be outlined in a separation agreement.

Any dynamic in your relationship that you believe could be grounds for future misunderstandings can be avoided by investing the time in coming up with a separation agreement. This way, you can discuss these tough subjects without arguing and while there’s goodwill between both parties.

When should you use a separation agreement?

A separation agreement can be used in several ways. It can be a precursor to divorce or an alternative. For example, some couples do not fulfill the legal requirements yet to be granted a divorce. Let’s say it’s because they haven’t undergone the full 1-year separation period yet. A separation agreement can provide clarity on finances, assets, and responsibilities in the interim.

Should a separation lead to divorce, the separation agreement is a legal document that can help deduce when the separation began and be a guide for the courts to use in deciding how assets and responsibilities are to be divided, should there be a dispute. A separation agreement, as we said, can be challenged. The courts can also overturn a separation agreement they find unreasonable or if it is not legally binding. Even in these situations though, it’s still an important document that forms a starting point for a definitive end to the divorce.

Foreign Divorce Opinion Letter

A foreign divorce opinion letter is what validates a foreign divorce in Canada. If you or your spouse has been married and divorced outside of Canada, this letter will be required for them to be legally allowed to marry in Canada. It is considered evidence of divorce, proof that divorce was carried out in a foreign jurisdiction, and will recognize said divorce in Canada.

A foreign divorce opinion letter is an authorization issued by the Minister of Government Services. It is required before a Canadian marriage license can be issued to the applicant.

Is a foreign divorce considered valid in Canada?

Some people may be surprised to find out that their foreign divorce is not considered valid in Canada. It can be disappointing news and a situation that a family lawyer may be able to help with.

There are several factors that determine whether a divorce from an international jurisdiction is applicable in Canada. Your lawyer at Simple Divorce will review your file with you, determining if you or your spouse were residents of the jurisdiction in which you applied for a divorce and how long that residency was. We will examine any foreign divorce decrees, ensuring they are notarized and translated, and analyze the circumstances of your divorce, submitting our argument and evidence to the Office of the Registrar General.

Key documents that may need to prove your foreign divorce is valid in Canada are the marriage license application signed by both parties, the original divorce translated into English or French, a statement of sole responsibility signed by each party, and the divorce opinion letter.

Simple Divorce has handled numerous foreign divorce opinion letters all over Ontario and we will do what it takes to help with yours. Receive custom legal solutions, tailored to your needs.

Experienced and Licensed Family Lawyer in Hamilton

Throughout the divorce process, you will have ongoing communication from your Hamilton divorce lawyer. You’ll be updated routinely on the latest, fully informed at all times about what’s going on.

While we know not every divorce goes smoothly, having a lawyer at your side can make sure that your rights are respected. A lot of things can impact a divorce file and none of it has to make its way into a courtroom. As a couple decides to separate, it’s our duty as your Hamilton divorce lawyer to help you make the right decisions and come to a satisfactory resolution. If we can do that privately between parties as opposed to going in front of a judge, that’s preferable for all parties.

Like in our name, at Simple Divorce, we specialize in simple uncontested divorces. Our prices are competitive for our industry, providing the opportunity to people from all backgrounds to retain an experienced, highly skilled Hamilton divorce lawyer. All of our divorce lawyers are licensed, thoroughly trained, and dedicated. We will ensure your divorce is handled in a competent manner, guaranteeing unparalleled service and commitment to getting you the decision you want.

Please contact our Hamilton divorce lawyer today to get the divorce process started.