Separation & Divorce

Married couples seeking a divorce in Ontario are subject to the federal Divorce Act, which states that a court may grant a divorce to parties where there has been a “breakdown of the marriage.” Unlike a separation agreement that can be finalized outside of court, only a court can grant a divorce. It is up to the parties filing their application for divorce to satisfy the court that there has been a breakdown of the marriage.

According to the law, a breakdown is recognized where the parties have been separated for at least one year or where the party filing the application proves that their spouse has committed cruelty or adultery. In practice, the vast majority of couples rely on the one-year period of separation as the ground for divorce.

Ontario family law provides for a “no-fault” approach to divorce. Therefore, regardless of the reason for divorce, or whether or not the divorce was one person’s “fault,” the parties’ entitlement to property division, custody and/or access to their children and to support is not affected.

Where there are no complex issues involved (e.g., who will have custody), a divorce application can take several months to finalize. However, the divorce will not be granted until the one-year period of separation has elapsed. Where there are more complex issues to be resolved, an experienced family lawyer can help guide you in the process and ensure that your rights are protected.

Contested Divorce 

In a contested divorce, there are many issues on which spouses are not in agreement with each other. Law Wise Family Lawyers in Mississauga, Brampton and Toronto have a thorough understanding of many legal issues that may arise during the divorce process. Some of these issues include:

In divorce cases, where disputes exist, a proper litigation process has to be followed as per the legal rules. In Ontario, all divorce cases are governed by the rules and regulations of Family Law. A divorce case that goes into litigation involves multiple meetings with lawyers, judges, and court appearances.

A contested divorce involves the below steps:

Mediation Options

There are different options available for a settlement like collaborative law, mediation and negotiation to decide on the issues regarding children, property, and other associated matters. Having a detailed discussion with your experienced family law lawyer can help you to understand all the possible options available to you.

Court Litigation

In a situation where spouses are not able to mutually agree on the issues, the formal court litigation remains the only option. One of the spouses (the applicant) makes an application for divorce to the court noting down their conditions and expectations from the other party.

Trial

If the parties fail to resolve their disputes, a trial takes place. Having a family lawyer with you is the best step to make sure that the case is resolved favorably. Trials are not a preferred option due to the significant time and costs they can consume and the fact that they are in the public domain.

Simple or Uncontested Divorce

It is a way of getting divorced without any litigation involved between the parties. In the majority of the divorces, this is how the separation takes place. In a simple or uncontested divorce, both the spouses also come to a mutual agreement on all their issues. Issues like how to manage child custody and divide the assets are mutually decided upon and expressly mentioned in the separation agreement. A simple or uncontested divorce is an easy and litigation-free mode of getting a divorce to annul the marriage. It is also less expensive as there’s no court litigation involved.

A simple or uncontested divorce can be an option if both the spouses are communicative and open for negotiations. To pursue a divorce, you will need to agree on all the factors regarding the separation. Communication needs to be absolutely clear and transparent between the two parties. The Canadian Federal Government has a laid down procedure for child support which has to be followed by both spouses. For issues like spousal support and assets division, the Government has a set of guidelines to be followed. It is highly recommended to negotiate and settle the divorce proceedings rather than going into time-consuming and expensive court litigation.

A simple divorce or Uncontested Divorce involves these primary steps:

∎ It is essential that both the spouses must live apart and separately for a minimum of one year. In this period, the partners need to have different lives from each other. Many partners even continue living in the family home and carry out their daily rituals of eating, sleeping, and more individually.

∎ A written separation agreement has to be drafted by both the spouses, wishing to get a uncontested divorce. With this separation agreement properly drafted, serves to maintain the legal rights and responsibilities of both parties during the process and afterward too.

∎ Application for an uncontested divorce or simple divorce can be filed after the spouses have been living separately for at least one year. In a divorce, one spouse files the application and then the divorce application is served to the other spouse. In a joint divorce application, both the spouses mutually agree to file the application.

How Our Family Lawyers can HELP you?

         ∎ Law Wise Family Lawyers will help you during the divorce process by:

         ∎ Determining your goals regarding the relevant issues in your case;

         ∎ Explaining to you the legal implications of a divorce and the process involved;

         ∎ Regularly corresponding with you to obtain updates and provide you with the status of your case;

         ∎ Negotiating on your behalf with the other party or his or her family lawyer;

We know that the breakdown of a relationship is a difficult time for all parties involved. Therefore, we strive to achieve a suitable resolution to the client’s dispute in a friendly and efficient manner.

Your family lawyer in Mississauga will provide you with personalized care and attention to deal with your matter.