When you have been thinking seriously about filing for divorce, you know that your marriage has been in serious trouble for some time. Conversely, if your spouse has blindsided you by asking for a divorce when you thought your relationship was not in jeopardy, or that you were both equally committed to working through your marital problems, you may feel as though the ground is crumbling under your feet.
Our Oakville divorce lawyers know how difficult ending a marriage can be. Many divorcing spouses are emotionally devastated and are subsequently ill-prepared to make decisions that will affect the rest of their lives. That is where our experienced marriage separation lawyers come in to help you make wise decisions during your divorce.
According to § 3.1 of the Divorce Act, applying for divorce in Oakville requires at least one spouse to reside in the province for 12 months at the time of application. The spouse must remain in Ontario for the duration of the divorce proceedings. Divorcing requires legal grounds. If the couple demonstrates their marriage is broken by living separately for at least one year, the separation constitutes grounds for an uncontested or contested divorce.
The other legal grounds for divorce are physical or emotional cruelty or adultery. If the spouse who allegedly committed the wrongdoing does not admit their fault, the spouse seeking the divorce must prove their grounds in a contested divorce. A hard-working Oakville lawyer for divorce could help a spouse in a fault-based divorce compile and present proof supporting their position.
An uncontested divorce typically saves time, reduces conflict between parties, and costs significantly less than a contested divorce. Parties can jointly seek an uncontested divorce—this procedure is called a joint divorce. Alternatively, one spouse could file an application for divorce, and if the other spouse does not answer with objections, the court will grant an uncontested divorce. The latter procedure is called a simple divorce.
Whether using the joint or simple divorce procedure, you and your spouse must agree on all issues relating to the dissolution of your marriage in a separation agreement. The separation agreement must set forth your decisions regarding property division and spousal support. If you have children, it must describe arrangements for custody and child support and include a detailed parenting plan.
If any marital issues are disputed, the divorce is considered contested. Contested divorces require a judge to decide all unresolved matters and tend to be more contentious, expensive, and take longer to conclude. Divorcing spouses might disagree on issues related to:
Couples involved in contested divorces are often able to negotiate a resolution through their lawyers or mediation before a trial. If your divorce is amicable, our marriage separation lawyers could work swiftly to ensure an expeditious resolution. If your divorce is contentious, we will prepare you for litigation and trial.
Among the most challenging issues you and your spouse will face during your divorce is the division of your assets. Any assets that you or your spouse acquired during your marriage would be considered part of the martial estate and subject to division upon divorce. Common examples of assets belonging to the marital estate include:
Otherwise, assets acquired before marriage or via inheritance or gift would be considered separate property and would not be subject to division in a divorce.
To commence a divorce, you must file an Application for Divorce along with a verified financial statement. The divorce application should contain your divorce claims, including the relief you are seeking from the court. You may then hire a process server to deliver the divorce paperwork to your spouse.
Upon receipt of the divorce paperwork, your spouse has 30 days to answer the divorce application. If they do not respond, a judge could grant your requests for relief without a contested hearing.
If your spouse does submit a response, the case proceeds to an informal conference overseen by a judge. The court will assist you in resolving your disputes, if possible. During this stage of the divorce proceeding, known as the discovery process, you and your spouse can also exchange financial and other information relevant to your divorce.
Our divorce lawyers work with a team of financial professionals – including forensic accountants, business and pension valuators, real estate and art appraisers, and economists – to assist divorcing spouses with complex financial situations. They could help you gather the information you need to effectively resolve your divorce.
If you and your spouse cannot settle your case, you must attend a divorce trial. A well-versed marital separation lawyer would be prepared to present evidence and financial information in a way that bolsters your interests.
Although there are almost always issues to work through, divorce does not have to destroy your finances, your children’s lives, or your ability to trust and move on. Though it’s the end of your marriage, divorce can also be a fresh start, allowing you to move on freely to the next chapter in your life.
Our dedicated Oakville divorce lawyers are committed to helping you successfully navigate the minefields of marriage dissolution by protecting you and your children and minimizing your legal and financial risks as you move on with your life. Call today to get started.
Paul Riley Law Office
