Divorce and Separation in Ontario: going through a divorce is one of the most traumatic and stressful experiences anyone can go through. With high-stakes issues ranging from child support to division of property, it can be easy to start to feel overwhelmed by the entire process.
In the province of Ontario, you can get a divorce for:
- Physical or mental abuse/cruelty
- A separation of one year or more
In most cases, in order to get a divorce, you must be separated from your spouse for a period of one year or more where. After this year, you can apply to the court to grant you a divorce.
Although obtaining a divorce can be a simple, there are many things that can go wrong. If you and your spouse can work together to resolve issues of custody, support, and property division, a divorce can be a smooth and relatively inexpensive process. If communicate breaks down between you and your spouse and you can not resolve the terms of your divorce, you may end up in the courtroom.
Important Issues to Resolve in a Divorce
A marriage is considered to be an equal partnership in the eyes of the law, and dismantling it can require a lot of effort and attention to detail. This is why hiring an experienced divorce lawyer can save you a great deal of time, money, and stress. Some of the issues a divorce lawyer can help you resolve before finalizing your divorce are:
- Child custody and access issues
- Child support
- Division of property
- Spousal support
Before being granted a divorce, a couple must live apart for a period of one year or more. This period actually gives both spouses time to come to an agreement about the terms of their divorce, and can save them from a lengthy courtroom battle. By negotiating a comprehensive separation agreement, both of you will know exactly how your property is being divided, how child care and support will be handled, and what the level of spousal support will be.
If you and your spouse are having trouble coming to agreeable terms, this separation period also gives you time to find a trusted divorce lawyer who can help you negotiate the sticking points and keep you out of the courtroom. Alternately, if agreeable terms cannot be found, you will have built a strong relationship with your divorce lawyer that will follow you into the courtroom. There, you can be sure that you will have someone you can trust who’s knowledgeable about family law.
Contested and Uncontested Divorces
If both spouses are able to resolve the issues associated with their divorce during their separation period, then they have what is called an uncontested divorce. Uncontested divorces are far cheaper and less stressful as a legally binding separation agreement has already been signed, therefore there is no reason for a courtroom hearing. You can simply apply for a divorce and the judge, if they find nothing wrong with your separation agreement, will grant it.
If both spouses are unable to resolve the terms of their divorce, there will be a contested divorce. Here, court documents will be filed laying out the respective positions of each spouse. Both sides must try to find an agreeable settlement. If they are unable to come to agreement, the divorce will move into the courtroom. In the courtroom, a judge will examine the situation and deliver the final court order about all disputed issues before granting a divorce. A contested divorce can be very stressful, expensive, and confusing. You need to make sure you have an excellent divorce lawyer who will fight for your rights at all times.
If your marriage has fallen apart and you are heading towards a divorce, Baidwan & Baidwan Lawyers LLP is ready to help you and your partner negotiate a comprehensive separation agreement. Baidwan & Baidwan is a full-service law firm that specializes in family, criminal, and real estate law. Our family law lawyers can help you through the entire process of divorce and separation.
If you need a family divorce lawyer in Brampton who has extensive experience in negotiating divorce and separation, Baidwan & Baidwan is here for you. For a family lawyer who will work to protect your rights, call us at 905-230-8888 for an initial consultation.