Uncontested Divorce Lawyers in Guelph

An uncontested divorce is a common option a divorce lawyer may recommend. It allows you to make significant financial savings and expedite the entire divorce process by eliminating lengthy litigations. Note that a contested divorce can be emotionally tasking to most couples, and the uncontested option makes the entire process less stressful.

If you choose to go through an uncontested divorce, we are ready to help. We will set and negotiate divorce terms on your behalf. Also, we will review any agreements to ensure they are within the law before signing them.

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Why go through an Uncontested Divorce?

An uncontested divorce process allows you to resolve all matters out of court. Note that many discussions will happen between the two parties involved to agree on some divorce terms. An arbitrator or mediator can help work out mutual terms regarding spousal custody, children, and property and ensure all concerned parties agree on a proper solution.

Generally, this process will save you time and money. It will also eliminate the frustrations and anxiety associated with lengthy court processes. That means you can easily resume your life peacefully after working out your divorce terms.

We’re Ready to Help

Simple Divorce has a team of experienced uncontested divorce lawyers in Guelph. Our legal professionals will take the time to understand your case and explain your legal options and rights. Every family law-related case is unique – the agreements signed are legally binding, long-term, and sometimes permanent. Our divorce lawyer can fight for your rights and make this legal procedure efficient and simple.

While you are not legally required to hire a divorce lawyer to help with your uncontested divorce, having one can be beneficial. Our lawyers will implement an approach tailored to your needs and protect your rights and interests every step of the way. Our family lawyers can cover various topics in uncontested divorce, such as parenting time, child custody, separation debts and assets, and more.

Contested Divorce Litigation

If the parties involved in the divorce case can’t agree on the divorce terms and resolve their issues amicably, this is referred to as a contested divorce. In most cases, a court may be involved in resolving divorce matters such as child support, debt division, child custody, and property division. The couple pursuing a divorce must have undergone the one-year separation as per the law and still failed to work out the terms of the divorce.

Note that contested divorces are handled in court, where a judge must intervene and make the final decision regarding divorce terms. This court process can be quite complex, time-consuming, and overwhelming to most families. This is because the final court decision may not match the interests or needs of both parties.

Contested Divorce Process (What to Expect)

• Step 1: With the help of an experienced divorce lawyer, you can file for a divorce in court. The lawyer will also help you serve the petition that clearly outlines the grounds for the divorce. From this point, you can ask the court to provide a divorce agreement.
• Step 2: After the other party has been served with the divorce petition, you’ll receive a response through their legal representation. You will need a divorce lawyer to handle this complex process and fight for your interests.
• Step 3: At this point, your lawyer should start gathering the documentation needed to prepare a settlement or initiate a court hearing. Motions and pre-trial hearings may happen led by your divorce lawyers.
• Step 4: Your legal team will review the settlement offer from the other party and advise you on whether the offer is reasonable. Agreeing to this offer means your divorce process is concluded, and you won’t proceed to trial.
• Step 5: Suppose you don’t agree to the settlement offer. In that case, your matter will be taken to court. Here, a court judge will evaluate the information or evidence presented and make a final decision. The last step involves the issuance of a divorce order.

You or the other party involved in the divorce can appeal the court’s decision by providing further evidence, which means your case will take longer and probably cost more money in terms of legal fees.

Preparing for a Trial in a Contested Divorce

The general trial experience can be overwhelming for those involved. This is why you need an experienced and dedicated family lawyer to prepare you for the trial process. Luckily, we have aggressive lawyers in
Guelph ready to cross-examine witnesses, prepare the opening and closing arguments, and do all it takes to fight for your rights.

At Simple Divorce, we know that the trial process is emotional for nearly everyone. We promise to provide legal support and help you capitalize on all opportunities to get the desired outcomes.

Contested Divorce Litigation

Disputes arise if both partners cannot agree on the terms of their separation. Spouses might disagree on issues pertaining to child support, parenting, spousal support, or family property division. These disagreements lay the foundation of a contested divorce. With the help of a counsel, couples can negotiate and settle contested divorces out of court. However, some disputes must be resolved in court by a judge. Contested divorces are intricate and tend to take longer to conclude. A contested divorce can be quite costly, depending on the outstanding issues and the willingness of the involved parties to negotiate and settle. If spouses disagree on the terms of the divorce, they enter the case management process. Here, the spouses discuss the outstanding issues and attempt to streamline the process. If the parties do not reach an agreement during the case management process, the divorce case proceeds to trial. The judge makes the final order regarding the disputed issues, grants the divorce, and the process is complete.

Separation Agreement

Suppose you and your partner choose to separate. It is in your best interest to have a legally-acceptable written record that highlights how each issue pertaining to your separation was handled. This record is known as a separation agreement. It is a legally-binding contract that sets out the rights of each party on issues such as child custody, debts, assets, spousal support, and other similar matters.
A separation agreement must be signed by the parties involved at the time of separation. You’ll need a trusted family lawyer in Guelph to draft this document.

Is a Separation Agreement Necessary?

You may want to get a separation agreement if:

• You and your spouse have important roles that should be divided clearly when you decide to separate.
• You and your partner must decide how to handle shared income, savings, and plans after you separate.
• You have kids and need to agree on the financial obligations that impact their education and other aspects of their lives.

Misunderstandings are common among recently separated couples. Confusion and disagreements can also happen years after separation. To prevent such issues, it’s best to work with an experienced family lawyer in Guelph to draft a separation agreement that works for you and your spouse.

When is a Separation Agreement used?

A separation agreement is not a legal requirement. However, having one presents a faster and more affordable way to define and settle separation matters rather than going to court. You can use this agreement in various ways, such as:

• As a precursor to divorce, specifically for couples that don’t meet the legal conditions to be granted a divorce.
• To clarify the roles of each party involved before a divorce. These roles pertain to issues such as asset distribution, finances, and more.
• To state and clarify when a separation started when you choose to proceed with a divorce.

Note that a separation agreement can be challenged in court. This may happen if the court determines that the document isn’t legally binding or the terms are unreasonable. Still, this document remains critical and ensures the parties’ expectations are aligned after separation or divorce.

Foreign Divorce Opinion Letter

Suppose you were divorced outside of Canada and wish to marry again in Canada. You’ll need a foreign divorce opinion letter – a legally acceptable document needed to validate your foreign divorce in Canada. It is considered proof that your divorce, although it happened outside Canada, can be recognized in Canada.

Note that a foreign divorce letter can be obtained from the Minister of Government Services. It’s a prerequisite to obtaining a marriage license in Canada, particularly if you file for divorce in another country.

Is a Foreign Divorce Recognized in Canada?

If you were granted a divorce outside Canada, it may not be valid in Canada. That’s why you need a knowledgeable and reliable family lawyer to successfully validate your divorce.

For a foreign divorce to be legally-acceptable in Canada, certain requirements must be met. First, you and your previous partner must have been residents of the country in which you were granted the divorce for a certain period. Also, the foreign divorce decree should be notarized and translated to be acceptable in Canada.

This is a complicated legal process, and you need the help of a licensed and experienced lawyer to help you submit the documents necessary to validate your foreign divorce in Canada. These documents include a divorce opinion letter, original divorce order (must be translated into French or English), and your marriage license.

Reliable and Licensed Divorce Lawyers in Guelph

At Simple Divorce, all our lawyers are professionals who uphold confidentiality and respect throughout the divorce process. We promise timely and effective communication to provide updates regarding your case.

We handle cases involving all family law matters, such as spousal support, division of property, child custody, and child support. When you choose our services, we will offer the assistance you need to ensure a painless transition. Indeed, we will discuss the options available to you – these include an amicable resolution to the differences between you and your partner through mediation, litigation, or arbitration.

At Simple Divorce, we understand that some family law matters cannot be solved out of court. So if you can’t agree with your spouse on future obligations after separation, our lawyers will help you get ready for a trial. An experienced divorce lawyer in Guelph can help you navigate the complex divorce process. Contact us today for a free phone consultation.