Guiding You Through the Divorce Process
In order to commence divorce proceedings you must first have a legally binding marriage. A religious ceremony without a recognized marriage certificate will not constitute a marriage under the Divorce Act. There must also be a breakdown of the marriage, either by separation of one year prior to the divorce, by adultery, or by mental or physical cruelty.
A divorce is a change in a person’s legal status, from married to single, which must be granted by a Court. It is important to note that the divorce process is the same for both opposite-sex and same-sex couples. However, solely a divorce does not deal with child access and custody, child support, spousal support, division of property and all other corollary issues that may need to be addressed by a couple in addition to obtaining a divorce. Before granting a divorce, a court will ensure that there is no possibility of reconciliation, and that reasonable arrangement have been made for the support of any children of the marriage.
There are two types of divorce:
An uncontested divorce is the most straightforward and typically occurs where there is mutual agreement between spouses on the terms of their divorce. For example, the parties agree on matters of division of property, child support, spousal support, and custody, where applicable. This type of divorce is typically limited to filing certain completed forms and paper work, and in most cases, there is no need for a hearing or actual attendance at court.
In a contested divorce the spouses cannot reach an agreement on the terms of their divorce. This becomes an unamicable split between the parties which can make the process longer and more difficult. One or both parties may seek corollary relief such as custody, child support, or spousal support. With a contested divorce, spouses will have to go through numerous steps before the divorce is finalized. If you hire Tailor Law we will help prepare all the court documents that are required in a contested divorce and help you put your best case forward.
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If you are seeking a quick divorce but have other issues remaining such as child custody, access, child support, spousal support and division of property, you may be permitted to sever the divorce from the other issues. This allows the divorce to go forward while the other claims such as spousal support or custody remain outstanding. However, this is only available in cases where it will not disadvantage a spouse or where the court finds that reasonable arrangements have not been made.
To begin the legal process of divorce you must serve and file an Application. It is important to note that if you have been served with an Application, you must move swiftly as you only have 30 days to serve and file your Answer with the court.
The amount of time it may take for a court to grant you a divorce will depend on your claim and complexity of your individual case. While you can do it on your own, it is beneficial to have a family lawyer as your representative to achieve the best possible outcome. At Tailor Law, our lawyers are experienced in family law matters and are committed to advancing your interests in a timely and cost-effective manner.
How to File for Divorce
Deciding to file for divorce is not a decision that should be made lightly. Emotions are high and feelings of loss are present, and often times there are many emotional factors at play. From the consideration of separate living arrangements to the consideration of children and property, the move to filing a divorce can be daunting. The breakdown of a marriage poses a personal conflict and it can also present financial challenges. Filing for divorce requires attention to the impending changes in your life, along with the changes to your child’s life and close relatives who are heavily involved with caring for your child.