If you and your spouse have decided to dissolve your marriage, consult a local family lawyer immediately. They could talk through the process with you, ensuring you know what to expect. Preparing for a divorce in advance could make the process run more smoothly.
When the time comes to initiate the legal proceedings, a Kawartha Lakes divorce lawyer like Paul Riley could file the necessary documents and negotiate on your behalf. If a trial is necessary, he could advocate aggressively to ensure your rights are protected.
Married couples must divide their property when they divorce. The Family Law Act s. 5 directs the couple to divide property through an equalization payment. Each spouse calculates the increase in their net worth during the marriage, and the spouse with the larger increase must give half their gains to the other spouse.
Both spouses have equal rights to any homes they lived in as a couple, even if one spouse owned the home(s) outright before marriage. A capable Kawartha Lakes lawyer could help the couple negotiate the disposition of matrimonial homes during a divorce.
Divorcing parents must arrange for parenting time, decision-making authority, and child support. Many parents develop a parenting plan establishing their agreements. Parenting plans can be detailed, or they can be general, allowing the parents to work out the specifics as they gain experience in co-parenting.
The law favors arrangements that allow both parents substantial time with the children and shared decision-making authority. However, such arrangements are not practical for all families and could be unsafe in some situations. A Kawartha Lakes legal practitioner, such as Paul Riley, could assess a family’s specific situation and help them develop a parenting plan appropriate to their circumstances.
You may file for divorce in Ontario if you or your spouse have lived in the province for at least one year prior to filing. You and your spouse must live separately for one year before either of you can file for divorce. The specific requirements depend on whether you seek a simple divorce, a joint divorce, or a contested divorce.
A couple without children who agree on property division and alimony can apply for a simple divorce. You can file for a simple divorce in person by submitting an application and supporting documents at the Superior Court of Justice in the municipality where you live.
The petitioner must serve copies of the documents to the respondent, who has 30 days to respond. The court will finalize the divorce if the respondent does not file an Answer within the time limit.
Couples who do not qualify for a simple divorce could apply for a joint divorce. A couple may seek a joint divorce if they agree on all significant issues.
You and your spouse would file an application for joint divorce at the Superior Court of Justice in the town where one of you lives. You must submit documents setting forth any arrangements you want the court to formalize in a court order. Typically, these would include property division, parenting time, decision-making authority, child support, and spousal support.
Sometimes a judge will issue a joint divorce without a court hearing. In other cases, the court might hold a brief hearing before finalizing the divorce.
You must seek a contested divorce if one of you objects to the divorce or if you and your spouse have not agreed on all relevant issues. Contested divorces could end in a divorce trial, but a seasoned lawyer in Kawartha Lakes often could avoid the stress and uncertainty of litigation.
Children benefit when their parents can manage their divorce swiftly, amicably, and without a public trial. Mediation, collaborative divorce strategies, and direct negotiations between the parties’ legal representatives could result in a settlement before a matter is set for trial. Avoiding a trial keeps control of the final outcome in your hands and is a more private option.
However, a reasonable settlement might be impossible if a spouse is uncooperative. In that case, a trial could be unavoidable. A skilled Kawartha Lakes divorce lawyer could use their knowledge and tactical skills to present persuasive arguments that result in a favorable decision.
Divorcing can be stressful but working with well-practiced and competent legal counsel could ease your anxiety. Our Kawartha Lakes divorce lawyers have the knowledge and skills to accomplish your goals in the divorce proceedings as swiftly and collegially as the circumstances allow.
Even parties getting a simple divorce could benefit from a consultation with Paul Riley to ensure they know their rights and responsibilities. Call today to schedule a meeting.
Now you can have your Consultation with Paul Riley any time from the comfort of your own home. With video calls from Zoom, your Team at The Riley Divorce & Family Law Firm can meet with you virtually, and learn about your case. All you need is a smartphone, tablet, laptop, or desktop with a built-in camera and microphone.
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