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Uncontested Divorce
Do you intend to end your common-law partnership or marriage without the downsides of mediation or litigation? An uncontested divorce is a less costly and less frustrating process of terminating a marriage. This process does not involve arguments or disputes that may need to be resolved in a courtroom. The spouses can agree on the terms of the divorce process, and there is no need for a court trial.
Why Choose an Uncontested Divorce?
Spouses seeking separation or divorce should try to work out the mutual terms without taking their case to court. They can choose a mediator (to organize a mediation) or go for arbitration with a skilled lawyer.
An uncontested divorce can save you money and time. It allows you to bypass the time-consuming and frustrating litigation and trial process. Further, uncontested divorce proceedings can reduce the hostility associated with a contested divorce. Mediation or arbitration can help you conclude your divorce faster and resume your life.
How our Oakville divorce lawyers can help
At Simple Divorce, we meet with our clients and offer detailed explanations of mediation and any other alternative dispute resolution. We help them assess the circumstances surrounding their complex disputes and decide the right course of action.
Spouses who understand the challenging implications of a contested divorce often seek help from our law firm. Note that amicable divorce can still involve complicated issues, high financial stakes, and complex legal procedures. This is the reason you need experienced Oakville family lawyers on your side.
Although an uncontested divorce does not have to be guided by a lawyer to be granted, it is highly recommended to hire one. At Simple Divorce, we draw from our professionalism, dedication, and experience to ensure you get the best outcomes.
Contested Divorce Litigation
Each divorce involves settlement of property division, debt division, child custody, spousal support, or child support. Perhaps you have met all the conditions to be granted a divorce, like the one-year separation period. However, if you cannot agree on the important issues concerning your divorce, you may need to ask for a court order.
That means a judge will make these decisions on behalf of you and your partner. This is referred to as a contested divorce. Note that a contested divorce will likely cost you much money and time. The law requires a certain wait period before a full divorce order is finalized.
Steps in a Contested Divorce Proceedings
A contested divorce involves the following steps:
- Preparation, filing, and serving a divorce petition to your partner. The petition outlines the grounds for the marriage breakdown and asks for a divorce.
- Get a response to the petition served to your spouse
- Interview and hire a legal team to handle your case
- Information gathering – Your lawyers can undertake various legal procedures to get the information needed for court hearings.
- Preparation for pre-trial and relevant motions
- Settlement proposals and negotiations between the legal representations from both sides
- If settlement negotiations fail, the lawyers can start preparing for trial
- During the trial, the couple and their lawyers will attend the hearings
- A judge will make the final decision and issue a divorce order. The couple can still appeal the judge’s decision.
Getting Ready for a Court Trial
When a couple cannot resolve their divorce during settlement negotiations, their divorce case may proceed to a court trial. The lawyers representing both parties will cross-examine the available witnesses and present their closing arguments. After that, the court will issue the final order and finalize the divorce case.
Separation Agreement
This document allows a separating couple to define each party’s rights and obligations when a marriage ends. It defines how the couple’s assets and responsibilities should be shared and any other family law matters, such as spousal support, child support, or parenting. Separation agreements are often used by spouses looking to part ways without going through divorce.
Why is a Separation Agreement Important?
Undoubtedly, you have lived together for a certain period and are likely to be sharing responsibilities and other things. Perhaps you plan to share pension income, the cost of kids’ education, and more. A separation agreement allows you and your partner to address these issues formally.
Indeed, you can outline the steps each spouse must follow and mutually make those decisions formally by signing the agreement. A carefully drafted separation agreement can prevent misunderstandings in the future.
Who can use Separation Agreements?
Canadians can use separation agreements as a precursor or alternative to divorce. After a year of separation, you can successfully prove a divorce on the grounds of cruelty or adultery. Most couples use a separation agreement because they can’t satisfy the legal conditions for a divorce. This agreement offers clarity on how the spouses will share responsibilities and assets.
In a case where separation progresses into a divorce, a separation agreement can help prove the specific date of separation and provide grounds for a judge’s decision regarding the division of responsibilities and assets. Remember, the court has the discretionary power to overturn or change the separation agreement as it’s not legally binding.
Foreign Divorce Opinion Letter
Suppose you want to get married in Canada, but your partner was divorced outside the country. In that case, you will need a carefully written foreign divorce opinion letter to validate a foreign divorce in the country. It is sufficient proof that the divorce may have happened in another nation and is recognized in Canada.
Note that a foreign divorce opinion letter is issued by the Minister of Government Services. It is considered an authorization that the foreign divorce is valid. Thus, a marriage certificate can be issued to an application in Canada.
The Validity of a Foreign Divorce in Canada
Various factors must be considered to determine the validity of a foreign divorce. Our Oakville divorce lawyers will review your case to determine whether you and your divorced partner were residents of the nation where your divorce was granted at least 12 months before the beginning of the divorce process. We will also meet you (the client) to analyze your divorce circumstances and assess all foreign divorce decrees—which should be notarized and translated.
Is your foreign divorce valid in Canada?
Divorce Lawyer Oakville
Separation and divorce are difficult times for a spouse and their close family members. In addition to the emotional stress associated with divorce, you shouldn’t have to handle the uncertainty that comes with other issues related to divorce, such as child support payments, child custody, who gets the matrimonial home, and more.
If you are experiencing any family law matter, our Oakville divorce lawyers will assess your case and provide reliable guidance with your best interests in mind. Our outstanding law firm has helped many people resolve complex disputes in a timely manner. Remember, we allow our clients to schedule free consultations on the phone or in person to get legal guidance on various family issues.
