Divorce Lawyer – JZWLaw Attorneys at Law
In Ontario, a divorce generally requires that both parties must live apart for one year, unless one of the parties files for divorce on the grounds of cheating or domestic violence. So even if both parties have decided to end their marriage, they will need to resolve the various issues during their separation before they can formalize their divorce. This is why so many people choose professional divorce lawyers to help them get a successful divorce and protect their legal rights and interests.
Specialized Divorce Lawyers: Our team of Toronto lawyers has nearly 20 years of experience in handling divorce matters. We specialize in a wide range of contested and non-contested divorce cases, and we always listen to you and maintain a high level of professionalism.
Separation Agreement: Creating and reaching a proper separation agreement is important to minimize conflict during the divorce process, and our attorneys will help you draft and reach a clear and fair separation agreement that ensures your rights are protected.
Child Custody and Support: We understand how important your children’s rights are to you. Our specialized attorneys will provide you with expert legal advice on custody and support issues to maximize your children’s legal rights.
What is an uncontested divorce?
Uncontested divorce is a cost-effective and less stressful way to end a marriage or non-marital partnership. It eliminates the need for litigation by avoiding arguments and disputes in court. Instead, spouses reach a consensus on the terms of the divorce without going to trial.
Why choose an uncontested divorce?
There are several reasons to choose an uncontested divorce. Couples wishing to separate or divorce should first attempt to reach an agreement without involving the court system.
They can choose to work with a mediator or opt for arbitration through legal representation. This method saves a great deal of time and money and avoids the lengthy process of litigation and court hearings. Additionally, uncontested divorces typically reduce the hostility associated with contested divorces, allowing both parties to start a new life more quickly.
How can we help you?
As legal professionals specializing in uncontested divorce cases, we provide our clients with comprehensive guidance explaining the various options for alternative dispute resolution. Our goal is to help them make decisions that meet their specific needs. Many couples seek a streamlined divorce process after realizing the potential challenges and implications of contested litigation.
Even in the case of an amicable divorce, there can be issues such as significant finances and complex legal proceedings, so choosing an experienced legal team is crucial. While an uncontested divorce does not necessarily require the hiring of an attorney in order to be granted, through our expertise we can ensure that we can help you resolve your issues in the quickest and most convenient way possible.
What is a contested divorce?
During the divorce process, a number of key issues typically arise, including division of property and debts, child custody (decision-making authority), and spousal or child support payments.
While you may meet the necessary requirements for a divorce, such as a one-year separation period, if you and your spouse cannot agree on these issues, you may find yourself in court seeking a court judgment. This situation is known as a contested divorce, in which a judge ultimately makes decisions on behalf of the couple.
Participating in a contested divorce can be a time-consuming and expensive process. Additionally you must comply with legally mandated waiting periods before your divorce is finalized.
Steps to a contested divorce
The steps for a contested divorce are as follows:
- Preparation, filing and service of a petition for divorce on the other spouse, which formally requests a divorce and outlines the reasons for the breakdown of the marriage.
Receive the other spouse’s response to the application. - Conducting the information gathering process, our attorneys conduct various legal proceedings to gather all the necessary information for the trial.
- Attend pre-trial hearings and handle any motions related to the case.
- Explore solutions between attorneys representing both parties.
- If a settlement cannot be reached, attorneys will begin preparing for trial.
- Participation in court hearings during the trial, presentation of arguments and evidence by the parties and their lawyers.
- The court will make a final decision and issue a divorce order, and couples can appeal the judge’s decision, but only on limited grounds.
- Prepare for trial, gather evidence, develop legal strategies, and build a strong case.
How can we help you?
If the conflicts and claims of the parties cannot be resolved during the negotiation period, then the next step is to proceed to a divorce trial. At the trial, the attorneys representing the parties will make their final submissions, witnesses will be cross-examined, and the judge will issue a final judgment.
What is a separation agreement?
A separation agreement is a living arrangement agreement reached by the couple without ending the marriage, and a separation agreement is recommended to be drawn up by a professional divorce lawyer.
Separation agreements include:
- Child support: Payment of expenses incurred by a party in support of a minor child.
Spousal support: payments made by one party to the other to support them. - Division of property: the question of the distribution of the couple’s common property.
- Matrimonial home: how to deal with a house shared during marriage.
- Child Custody: Who will have custody of the child and how major decisions about the child will be made.
- Visitation schedule: create a detailed schedule that specifies which party the child will spend time with and when.
You can live together or you can live apart.
The Divorce Act allows couples to cohabit briefly during the separation period and encourages couples to reconcile, provided that the period of cohabitation does not exceed 90 days, otherwise the period of separation is interrupted. In addition, if it is found during the reconciliation period that problems persist, the period of separation may be restarted without prejudice to the filing of a divorce petition.
The court will look at the following factors to determine if the separation is genuine:
- Whether sharing a bedroom
- Whether or not they had sexual relations
- Whether they cook and eat together
- Whether socializing as a couple
- Whether or not to share household chores
- Whether to continue to communicate and adapt to each other’s schedules
What risks can living together while separated help you avoid?
Separating but living together avoids the adverse effects of one party moving out early, such as the right to possession of the matrimonial home or custody of the children. If one party moves out, the advantage of obtaining these rights may be lost in court.
When to use a separation agreement?
When to consider using a separation agreement depends on a variety of circumstances. It can be used as an alternative or preliminary step before divorce. Once the one-year separation period has been completed, a divorce can be sought on the basis of causes such as adultery or abuse. However, many couples opt for a separation agreement because they are unable to meet the legal requirements for an immediate divorce. The agreement clarifies the division of property and the sharing of responsibilities.
In cases where the separation culminates in divorce, the separation agreement may be used to determine the date of separation and form the basis of the court’s decision-making on issues of property division and liability. It is important to note, however, that a separation agreement is not legally binding and the court retains the discretionary power to override or modify its terms.
How do I get an opinion for a divorce in a foreign country?
If you plan to get married in Canada and you or your spouse have been divorced outside of Canada, it is necessary to prepare a Foreign Divorce Opinion Letter. The purpose of this letter is to validate the foreign divorce within the Canadian legal framework and to confirm that divorces granted in other jurisdictions are also recognized in Canada.
The Foreign Divorce Opinion is significant in that it serves as an official authorization, approved by the Minister of Government Services, that the divorce has been deemed valid and that the applicant is permitted to marry in Canada.
How can I ensure the validity of my divorce in a foreign country?
JZW Law will conduct a thorough evaluation of your case to determine that you or your spouse have resided in the jurisdiction granting the divorce for at least one year prior to the commencement of the divorce proceedings. In addition, we will perform a detailed analysis of your divorce and review foreign divorce decrees that require notarization and translation.
Our experienced divorce attorneys will assist you in gathering all the necessary documents requested by the Registrar General’s Office. These documents include the Marriage License Application signed by both parties, the original Decree of Divorce translated into English or French, the Declaration of Independent Responsibility signed by each party, and the Foreign Divorce Opinion.
With our extensive experience, JZWLAW will tailor your divorce to your specific legal needs.
Why choose JZW Law?
Experienced team of professionals: Our Greater Toronto Area lawyers have nearly 20 years of experience practicing as Chinese lawyers and Canadian lawyers, ensuring that we provide our clients with high quality legal services and advice.
Personalized Service: We understand that every family is unique, so we will tailor our programs to meet your needs for marriage, divorce, or prenuptial property notarization.
COMPASSION AND PROFESSIONALISM: When dealing with issues involving family matters, we focus on the combination of compassion and professional service to ensure that you are served with patience and understanding throughout the legal process.
Feel free to contact us at JZW Law to schedule your consultation 647-363-5995 or email: jzwlaw@jzwlaw.ca
Thank you for reading. The information provided in this article does not constitute any legal advice.
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