Uncontested Divorce Lawyers in Windsor

One of the common options a divorce lawyer may recommend is an uncontested divorce. This option allows you to save money and time by avoiding complex and lengthy litigation processes. Considering how emotionally overwhelming a contested divorce can be, the uncontested approach is easier.

If you decide to pursue an uncontested divorce, our lawyers will help. We will negotiate the divorce terms with the legal team of the other party. We will also review all agreements and ensure they’re within the law before you sign them.

 

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Benefits of an Uncontested Divorce

In an uncontested divorce, everything can be settled out of court. Lengthy discussions will still happen between the parties involved – to agree and set some terms. With the assistance of an arbitrator or mediator, you and the other party can work out mutual terms, considering all relevant divorce aspects to ensure an amicable resolution.

Some of these divorce aspects include children, property, spousal support, and more. Generally, an uncontested divorce eliminates the anxiety and frustration of taking the matter to court. After working out your divorce terms, you can resume your lives peacefully.

We’re Here to Help

The divorce lawyers at Simple Divorce are ready to educate you on your legal options and rights. We understand that every family-related case is unique. Most agreements signed are permanent, legally binding, and long-term. You need an experienced divorce lawyer in Windsor who can help you understand these agreements and navigate every legal procedure efficiently.

You probably know that it’s not a legal requirement to hire a family lawyer to help you navigate an uncontested divorce. However, one family lawyer by your side is important. With our professional divorce lawyers, you can expect an approach tailored to your needs and unwavering assurance that we will protect your interests. Our lawyer can handle different issues in an uncontested divorce, such as child custody, parenting time, child support, and separation of assets and debts.

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Contested Divorce Litigation

Suppose the two parties involved in a divorce can’t work out the terms and find a proper resolution. This is considered a contested divorce. The matter may require a court’s intervention to resolve issues such as property division, child support, division of debt, and child custody. Remember, the parties involved must have undergone the 12-month separation (according to the law) and are still unable to agree on divorce terms.

A contented divorce is often resolved in a court where a judge makes the final decision. However, this process can be overwhelming and lengthy for most couples and their families. After all, the final decision (often made by a judge) may not align with the interests or needs of the parties involved. Additionally, uncontested divorce cases involve lengthy court processes and are costly.

What Should You Expect in a Contested Divorce?

Step 1: Our Windsor divorce lawyers will help you file for a contested divorce in court. We will help serve the divorce petition, which outlines the justification for divorce. You’ll then ask the court to issue an agreement for divorce.
Step 2: The other party involved in the divorce will issue a response to your petition, often through their lawyer. At this stage in your divorce case, you need an experienced family lawyer to handle this matter successfully.
Step 3: Your team of divorce lawyers will start gathering all relevant documents needed in the preparation of settlement or prepare for the court hearing process. Your legal team may lead a pre-trial hearing or file the necessary motions at this point.
Step 4: Both parties involved in the divorce will make offers. Your lawyers will help with the review process. If you agree to the settlement offer, the matter will be concluded at that point. No trial process.
Step 5: If you don’t agree to the settlement offer and your divorce isn’t resolved via arbitration, it will proceed to trial. This is where a court judge will make a decision on all the disputed aspects and issue a divorce order.

Any of the parties involved in the divorce can appeal the court decision by providing further evidence – putting up a strong defence. On the flip side, the appeal process could cost you more money and take longer to resolve.

Steps involved in a contested divorce

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.

When should you use a separation agreement?

Trial Preparation in Contested Divorces

The court trial process can be very intimidating for most couples. That’s why you will need an experienced divorce lawyer to help you prepare for the trial. At Simple Divorce, we have aggressive lawyers who will help in cross-examining witnesses, prepare the opening and closing arguments, and work tirelessly to protect your interests and rights.
We understand how emotional a trial process can be for the people involved. We promise to capitalize on each opportunity so that you can achieve your desired outcome.

Separation Agreement

When you opt to separate, it’s recommended to have a written document that details how the matters pertaining to your separation have been addressed. This is a legally binding contract signed by couples at the time of separation. It is widely referred to as a separation agreement. It outlines each party’s rights on assets, debts, child custody, spousal support, and other related issues. You need an experienced divorce lawyer in Windsor to draft this document.

When to Seek a Separation Agreement

At Simple Divorce, we recommend seeking a separation agreement under the following circumstances:

  • You have critical responsibilities with your partner that must be divided at the time of separation.
  • You must decide how to handle shared savings, income, and plans after separation.
  • You and your spouse have children and must agree on the financial obligations that impact their education and day-to-day lives.

Future misunderstandings are common among separated couples. You can avoid such issues by drafting a clear separation agreement that stipulates how various issues pertaining to your separation should be addressed. Our divorce lawyers are always ready to discuss all relevant topics and create a separation agreement that works for the two individuals.

Foreign Divorce Opinion Letter

Suppose you were previously divorced outside Canada and want to remarry in Canada. In that case, you need a foreign divorce opinion letter to validate your divorce. This document is acceptable as proof of your divorce, even if it wasn’t conducted in Canada.

A foreign divorce opinion letter is usually issued by the Minister of Government Services. It is a prerequisite to getting a valid Canadian marriage license if you have been divorced in another jurisdiction.

Is Foreign Divorce Valid in Canada?

Keep in mind that if you were divorced in another jurisdiction, it might not be recognized in Canada, and you will need a knowledgeable divorce lawyer to help you validate your divorce. For your divorce to be recognized, you must meet certain requirements. For example, you and your partner must have been residents of the country where you applied for divorce for a specified period. Also, the foreign decrees should be notarized and translated before they can be recognized in Canada.

Having a Windsor divorce lawyer by your side is crucial if you are trying to get a marriage license in Canada after a divorce in a foreign jurisdiction. The lawyer can help you acquire and submit the critical documents needed to validate your divorce. Some of these documents include your divorce order translated into French or English, a divorce opinion letter, and marriage licenses.

The divorce lawyers at Simple Divorce have handled many foreign divorce issues in the past few years, and we are ready to help.

Licensed and Knowledgeable Divorce Lawyers in Windsor

When you retain the services of our divorce lawyers in Windsor, expect a higher level of confidentiality, professionalism, and respect. We will never keep you in the dark about the details of your case. Also, we promise to ensure effective communication and keep you updated on the general progress of your divorce case.

At Simple Divorce, we handle all divorce and family law matters, including child access and custody, property division, spousal support, and more. Our lawyers are ready to provide the legal support you need to ensure a smooth transition. We will discuss your options, including peacefully resolving your issues with your spouse through arbitration, litigation, and meditation.

Additionally, we understand that not every family issue can be resolved outside the court. If you can’t reach an agreement with your partner, we will prepare you for a trial in court. Remember, hiring a reputable divorce lawyer in Windsor can help rebuild your life after separation or divorce. Contact us for a no-obligation consultation.