Uncontested Divorce

Do you plan to end your common-law partnership or marriage with no traditional limitations of litigation? If so, an uncontested divorce can be quite inexpensive and a far less challenging process of ending your common-law partnership or marriage. This is because uncontested divorce does not involve any arguments or disputes that need to be resolved in a court of law. The couple or spouses just agree on the terms of separation or divorce without taking the case to trial.

 

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Why uncontested divorce?

Spouses seeking separation or divorce should try and work out various mutual terms without taking their case to trial. Some separating spouses opt to appoint a mediator or choose arbitration with a family lawyer on their side. This is a simple approach that saves much money and time. Also, it helps to bypass the long, complicated litigation and trial processes. Besides, uncontested divorce proceedings tend to minimize the hostility associated with contested divorce and allow both parties to resume their daily lives quickly.

How can we help?

As divorce lawyers, we usually meet with our clients and help them understand various alternative dispute resolutions while helping them figure out a decision that best matches their needs. Generally, Simple Divorce is often sought after by spouses who recognize the difficult implications of contested divorce litigation. An amicable divorce process can still involve complicated issues with technical legal procedures and financial stakes, which is why you require an experienced lawyer on your side.

Although you may not need a lawyer to be granted an uncontested divorce, it still makes sense to have one by your side. We bring professionalism, dedication, and many years of experience to ensure your family law matter is resolved.

Contested Divorce Litigation

A contested divorce involves any of the following main issues: division of debt, payment of child support, payment of spousal support, division of property, or custody of the children (whenever appropriate).

You have probably met all the requirements to get a divorce, like the one-year separation period. However, suppose you and your spouse cannot agree on the issues mentioned above concerning your divorce. In that case, there is a good chance you will end up in a court of law requesting a court order that involves a judge making these decisions on behalf of you and your spouse. This is regarded as a contested divorce. Generally, going through a contested divorce can cost you a lot of money and time. There’s also a waiting period that is required by the law before you can finalize a divorce process.

Contested divorce: Steps involved

  • Preparation, filing, and serving that divorce petition to your spouse. This petition simply requests a divorce and highlights the specific grounds for the marriage dissolution or breakdown.
  • Response to the petition from the spouse served with the divorce petition.
  • Initial interview and hiring an experienced legal team to offer legal representation for your divorce case.
  • Information gathering where your divorce lawyers undertake various legal procedures to acquire the information necessary for court hearings.
  • Conduct pre-trial hearings & motions
  • Settlement proposals among the divorce lawyers from both spouses
  • In case the settlement isn’t successful, your lawyer will start preparing for a court trial.
  • During these trials, both spouses are required to attend court hearings.
  • The judge (court) will make the final choice and grant you a divorce order. This divorce order can be appealed if one party disputes the court’s decision.

Preparing for court trial

There are numerous cases where a couple is unable to resolve various issues during the divorce settlement phase. Although the court encourages spouses to figure things out, moving to the divorce court often happens when the spouses cannot make a resolution. During the court trial, the spouses’ lawyers will present closing arguments, cross-examine the available witnesses, and a final order is issued to finalize the divorce.

Separation Agreement

This is a document that separating spouses use to define their obligations and rights when a common-law partnership or marriage ends. It defines how their responsibilities and assets are shared, support, and parenting arrangements. Indeed, a separation agreement is used by spouses who want to part ways and do not want to go through divorce proceedings in court, and either spouse can challenge this agreement during the divorce process. This is the main reason it helps having an experienced divorce lawyer review a separation agreement before you sign it.

Reasons for a separation agreement
You have probably lived with your spouse for quite some time, and there is a good chance you have been sharing many things and responsibilities. Perhaps you have plans of sharing some things like pension payouts and income or education expenses for your kids in the future. A separation agreement allows you to address this matter formally. You can specify the steps every spouse needs to take and mutually acknowledge these choices by signing the separation agreement. Indeed, it is a document that can go a long way in preventing misunderstandings.

When should you use a separation agreement?

A separation agreement can be used as an alternative or even a precursor to divorce. Once the one-year separation period has elapsed, it is possible for a spouse to prove divorce on the grounds of cruelty or adultery. Actually, most spouses prefer using a separation agreement because they can’t satisfy various legal requirements for a formal divorce. This document offers clarity on how the spouses will divide their responsibilities and assets.

In the event where a separation progresses to formal divorce, a separation agreement can help prove the specific date of separation and set a base for the court’s decisions regarding division of responsibilities and assets. But the court remains with the discretionary power to vary or overturn a separation agreement because it is not a legally binding document. Keep in mind that our separation agreement is simply a domestic contract that allows you and your spouse to settle various issues related to the end of your marriage.

Foreign Divorce Opinion Letter

Suppose you intend to get married in Canada and one of you (you or your spouse) has gone through a divorce in another country. In that case, you will require a professionally created foreign divorce opinion letter. This document validates the foreign divorce process in Canada. It is considered proof that your previous divorce (which happened in another jurisdiction) is formally accepted or recognized in Canada.

A foreign divorce opinion letter is often considered an authorization issued by the right minister of government services showing that the divorce process is valid before a marriage license (Canadian) can be issued to the applicant.

Is a foreign divorce considered valid in Canada?

There are many factors considered to determine whether a foreign divorce can be considered valid in Canada. For example, our experienced legal teams will review your file to establish whether you or your spouse were permanent residents in the jurisdiction that granted the divorce at least 12 months before the commencement of the divorce process. Our team will also meet with the client to evaluate the circumstances of divorce and determine any foreign divorce decrees that should be translated and notarized.

We will help you gather the important documents that must be submitted on time to the office of the registrar general. Such documents include a marriage license application that has been signed by both spouses, original divorce documents translated in French or English, a statement of sole responsibility that has been signed by each spouse, and a carefully drafted divorce opinion letter.

Our legal professionals and support staff have been handling numerous foreign divorce opinion letters for different clients across the region. We will be happy to tailor our services to meet your legal needs.

Family Lawyer North York

Separation and divorce is arguably the most challenging period that a person and their family can experience. Apart from the emotional stress, you don’t have to deal with the uncertainty associated with various complicated family law matters.

In case you are having issues related to child custody, property division, spousal support, or child support, our team of experienced family lawyers can help. These legal professionals provide a comprehensive strategy on how best to approach various family law matters you may be facing. Whether the strategy requires negotiation at the beginning or to immediately start the court process, our divorce lawyers will always create a plan that is best suited for your goals and needs.

Our primary goal is to minimize your stress and counsel you through these uncertain and challenging times.