When you have been thinking seriously about filing for divorce, you know that your marriage has been in serious trouble for some time. Conversely, if your spouse has blindsided you by asking for a divorce when you thought your relationship was not in jeopardy, or that you were both equally committed to working through your marital problems, you may feel as though the ground is crumbling under your feet.
Our Oakville divorce lawyers know how difficult ending a marriage can be. Many divorcing spouses are emotionally devastated and are subsequently ill-prepared to make decisions that will affect the rest of their lives. That is where our experience comes in to help you make wise decisions during your divorce. If you are planning to get divorced, our skilled family lawyers can provide services aimed at helping you resolve divorce issues, such as child custody and support matters, and the division of marital property, so that the marriage can be resolved as efficiently as possible. Contact The Riley Divorce & Family Law Firm today.
According to § 3.1 of the Divorce Act, applying for divorce in Oakville requires at least one spouse to reside in the province for 12 months at the time of application. The spouse must remain in Ontario for the duration of the divorce proceedings. Divorcing requires legal grounds. If the couple demonstrates their marriage is broken by living separately for at least one year, the separation constitutes grounds for an uncontested or contested divorce.
The other legal grounds for divorce are physical or emotional cruelty or adultery. If the spouse who allegedly committed the wrongdoing does not admit their fault, the spouse seeking the divorce must prove their grounds in a contested divorce. A hard-working Oakville lawyer for divorce could help a spouse in a fault-based divorce compile and present proof supporting their position.
In Oakville, the divorce process begins when one or both of the parties involved files an Application for Divorce and includes a verified financial statement with the help of a lawyer. The divorce application should contain your divorce claims, including the relief you are seeking from the court. Once this application has been filed with the court, it must also be served on the other party (unless the parties file jointly). If the other spouse is served, they have 30 days to file a formal response with the court. If no response is filed in that timeframe, the judge may grant the applicant relief without a contested hearing.
If the served spouse wishes to respond to the application, an informal hearing will be held, and each party will exchange financial and other information for the court to consider when deciding divorce matters. The court will assist you in resolving your disputes, if possible. During this stage of the divorce proceeding, known as the discovery process, you and your spouse can also exchange financial and other information relevant to your divorce. The couple may begin mediation, or their lawyers may work to settle any outstanding issues so that the divorce can proceed. If a settlement is not reached and the parties cannot agree on proposed resolutions, the case may go to trial.
Our divorce lawyers work with a team of financial professionals–including forensic accountants, business and pension valuators, real estate and art appraisers, and economists–to assist divorcing spouses with complex financial situations. They could help you gather the information you need to effectively resolve your divorce.
A seasoned lawyer from The Riley Divorce & Family Law firm can help you with either of the two main types of divorces that can occur in Oakville.
An uncontested divorce means that the spouses have effectively resolved all issues pertaining to children and property via a separation agreement. Uncontested divorces are generally less costly as the couple simply needs to show that all of the matters have been resolved outside of court. An uncontested divorce typically saves time, reduces conflict between parties, and costs significantly less than a contested divorce. Parties can jointly seek an uncontested divorce—this procedure is called a joint divorce. Alternatively, one spouse could file an application for divorce, and if the other spouse does not answer with objections, the court will grant an uncontested divorce. The latter procedure is called a simple divorce.
Whether using the joint or simple divorce procedure, you and your spouse must agree on all issues relating to the dissolution of your marriage in a separation agreement. The separation agreement must set forth your decisions regarding property division and spousal support. If you have children, it must describe arrangements for parenting time and child support and include a detailed parenting plan.
If any marital issues are disputed, the divorce is considered contested. If a couple is not able to agree on some or all of the decisions that need to be made to dissolve the marriage, the court must make decisions on those matters based on the information and evidence provided. Contested divorces tend to be more contentious, expensive, and take longer to conclude. Divorcing spouses might disagree on issues related to:
Getting a divorce can be a highly emotional time for all parties involved. A lawyer may provide an understanding of the process and the decisions that need to be made in order to help the couple resolve these issues out of court.
Among the most challenging issues you and your spouse will face during your divorce is the division of your assets, which our Oakville lawyers are well-versed in handling. Any assets that you or your spouse acquired during your marriage would be considered part of the marital estate and subject to division upon divorce. Common examples of assets belonging to the marital estate include:
Otherwise, assets acquired before marriage or via inheritance or gift would be considered separate property and would not be subject to division in a divorce.
Although there are almost always issues to work through, divorce does not have to destroy your finances, your children’s lives, or your ability to trust and move on. Resolving these issues outside of court is usually a less expensive, less dramatic, and less time-consuming way for busy families to handle a divorce. Though it’s the end of your marriage, divorce can also be a fresh start, allowing you to move on freely to the next chapter in your life.
Our dedicated Oakville divorce lawyers are committed to helping you successfully navigate the minefields of marriage dissolution by protecting you and your children and minimizing your legal and financial risks as you move on with your life. Let The Riley Divorce & Family Law Firm help you navigate these issues in order to resolve them as quickly and efficiently as possible. To learn more, contact us online or by calling our firm today.
The Riley Divorce & Family Law Firm
