Uncontested Divorce Lawyers in Niagara

Your divorce lawyer may recommend an uncontested divorce. It is an option that allows you to minimize costs and save time by eliminating time-consuming litigations. Additionally, a contested divorce can be emotionally challenging to couples and their families.

If you opt to go through an uncontested divorce, you can rely on our professional help. We will handle all negotiations with the other party’s legal team on your behalf. We will also review all relevant agreements before you sign – this is necessary to ensure the agreements are within the family law.

 

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Pros of an Uncontested Divorce

Choosing an uncontested divorce means you want to resolve all matters out of court. A series of discussions must occur between you and the other party to agree on and set the divorce terms. With the help of an experienced arbitrator or mediator, you can set mutual terms regarding children, property, spousal custody, and other issues related to divorce.

This will ensure that a proper and peaceful resolution is met. Remember, an uncontested divorce process can save you money and time and eliminate the frustrations associated with going through court processes. Moreover, you can easily resume your life after setting the divorce terms.

We Can Help

If you decide to go through an uncontested divorce, the family lawyers at Simple Divorce are ready to help. Our lawyers can educate you on all your legal options and rights. We know that every divorce matter comes with a unique level of complexity – any agreement signed may be long-term, permanent, and of course, legally binding. Having a dedicated divorce lawyer by your side can make the entire process easier.

Note that you aren’t required to retain a lawyer to handle your divorce. However, having one by your side is recommended. At Simple Divorce, we prioritize an approach tailored to your needs. We also assure our clients that we will protect their rights and interests. Remember, our divorce lawyers can cover all topics related to uncontested divorce, including separation of assets and debts, parenting time, child support, and child custody.

Contested Divorce Litigation

Sometimes, the parties involved in a divorce process may be unable to agree on the divorce terms or find an amicable solution. This is often considered a contested divorce. In most cases, a court may need to intervene and make the final decision regarding child custody, asset division, child support, and division of debt. Remember, the parties involved in this type of divorce should undergo a mandatory one-year separation period and, in the end, fail to agree on the divorce terms.

So a judge will need to assess the case and make a final decision. This litigation process can be complex and overwhelming to the people involved. Also, the final decision might not match the specific interests involved. Remember, contested divorce matters take longer to resolve and are costlier than uncontested divorce.

Contested Divorce – Here’s What to Expect

  • Step 1: Your Niagara divorce lawyer will help you file for a divorce in court. The lawyer will also serve the petition to the other party and help request the court to provide a divorce agreement.
  • Step 2: Once you file for divorce, the other party is legally required to respond through a lawyer. Remember, you need a committed divorce lawyer to assess this response and handle the entire divorce process for you.
  • Step 3: Your legal representation team can now start gathering the necessary documents in preparation for a divorce settlement. If you don’t agree to a settlement, your lawyers will prepare for a court hearing. Filing the relevant motions and pre-hearing may happen at this point.
  • Step 4: If the other party prefers a settlement, they will make a settlement offer. Your Niagara divorce lawyers will review the offer and advise on the best course of action. If you agree to the settlement, then your divorce case will end here.
  • Step 5: If arbitration or mediation doesn’t work, your divorce case will proceed to trial – the court will assess the evidence presented and make the final decision regarding the contested issues. The last step of the divorce process is the issuance of the divorce order.

If you or the other party doesn’t agree with the court decision, you can appeal it by providing further evidence to strengthen your defence. However, this could mean a longer court process and more money in terms of lawyer fees.

Getting Ready for Trial in a Contested Divorce

Most people find a trial in court very intimidating and overwhelming. However, with a proficient Niagara divorce lawyer, you can prepare your opening and closing arguments and leave witness cross-examination to the lawyer. Also, you have peace of mind knowing that a professional is fighting for your rights and protecting your interests.

A trial can also be emotional for the parties involved. With our lawyers, you can seize every opportunity to fight for your rights and get the best possible outcome.

Separation Agreement

If you and your partner decide to separate, it’s important to have a written record outlining how various matters pertaining to your legal separation were addressed. This legal contract must be signed at the time of separation and is widely known as the separation agreement.

A separation agreement is a legally-binding document that outlines your rights on matters such as spousal support, child access, debts, child support, assets, and more. Considering the importance of this document, it’s best to have a reliable divorce lawyer in Niagara to help you draft and review this document.

When a Separation Agreement is Necessary

Simple Divorce recommends getting a separation agreement if:

  • There are essential roles that must be divided when you and your spouse separate.
  • You need a clearly-defined approach to share income, plans, and savings at the time of separation.
  • You and your spouse must agree on the financial roles that affect your child’s education and general life.

Confusion, disagreements, and misunderstandings are common among separated spouses. To prevent such problems, it’s best to create and sign a separation agreement that addresses all key issues pertaining to your separation. Considering this is a legally-binding document, you need the help of an experienced lawyer in Niagara to draft it.

When will you use the Separation Agreement?

Although the law doesn’t require you to get a separation agreement, having one is a less costly and easier way to address various issues related to your separation before you proceed to trial. You can use this document to do the following:

  • If you and your spouse don’t meet the legal condition to get a divorce, you use the separation agreement as an alternative to divorce.
  • Define and clarify the obligations of either party before filing for divorce.
  • State and clarify when a separation began. This information may be necessary if you plan to file for a divorce.

Remember, a separation agreement can be challenged in a court trial, particularly if it’s legally binding or its terms are unreasonable. However, it remains an important document that can ensure both parties’ interests and expectations align after divorce or separation.

Foreign Divorce Opinion Letter

Were you granted a divorce in a foreign jurisdiction and want to remarry in Canada? If so, you need a foreign divorce opinion letter to validate your divorce in Canada. This is a simple, legal document that’s acceptable proof that your divorce, although granted in a foreign jurisdiction, is recognizable in Canada.

This document is often issued by the Minister of Government Services and is a prerequisite to getting a marriage license in Canada, especially if you were divorced in another country.

Is a Foreign Divorce Acceptable in Canada?

As mentioned, a divorce granted in another jurisdiction isn’t recognized in Canada. This is the reason you need a professional divorce lawyer to help you validate it. To do so, certain conditions must be met. First, you and your ex-partner must have been residents of the jurisdiction where your divorce was granted for a specific period. Also, your divorce decree should be translated and notarized before it’s recognized in Canada.

Having a family lawyer handle this process will make it easier to submit the documents needed to validate the divorce. Some of these documents include your marriage license, original divorce order, and a divorce opinion letter. Remember, the divorce order must be translated into English or French. Regardless of your family law matter, our lawyers will be ready to provide a customized solution that matches your needs.

Licensed and Experienced Divorce Lawyers in Niagara

When you choose our experienced divorce lawyers in Niagara, expect a high level of respect, confidentiality, and professionalism throughout the divorce process. We will facilitate effective and timely communication, keeping you updated about the progress of your separation or divorce case. This is our promise to you..

At Simple Divorce, we handle all issues pertaining to family law, including property division, spousal support, child access and custody, and more. When you reach out to us, we will provide the assistance you require to ensure your divorce process is less overwhelming. Our lawyers are available to discuss the options available to you. This may include peaceful resolution through litigation, mediation, and arbitration.

We understand that not all family matters can be resolved without the involvement of a court. If you and your spouse cannot agree on various responsibilities, we will help you prepare for a trial. Remember, you need a competent divorce lawyer in Niagara to help you rebuild your life. Contact us for a no-obligation consultation.