Family Lawyer Kitchener

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For those about to enter into a divorce, it doesn’t have to be any harder than it needs to be. Be efficient with your time and money. Get started with a family lawyer at your side, ready to act on your behalf for your interests. Contact a Kitchener divorce lawyer now!

 

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Uncontested Divorce by Simple Divorce Lawyer in Kitchener

If you are getting divorced and more or less agree on everything going forward, you having nothing to take to trial. Pursuing an uncontested divorce, you save time and money. You turn your divorce into a simple matter of paperwork and coming up with a separation agreement that addresses issues such as property division and debt division, spousal support, and child support or related parenting arrangements.

Why choose uncontested divorce?

There are many reasons to opt for an uncontested divorce, for couples that can. It doesn’t turn your divorce into an emotional fight. It’s a lot less expensive, saving you thousands of dollars. It’s a lot less frustrating. Particularly with parents, an uncontested divorce keeps everyone on good terms. While some disputes might be unavoidable, if you can successfully resolve them without heading to court, it’s often the best approach. You can resume your life quickly post-relationship, and can avoid entirely the litigation and trial process.

How can we help?

When you seek out an uncontested divorce lawyer to help with your paperwork, at Simple Divorce, we can help with complex issues, technical legal procedures, and keep things constructive between parties. Even in an uncontested divorce, you will want the right legal advice. As your divorce lawyer, we will meet with you, explain what dispute resolutions are available to you, and ensure your wants and needs are respected in the conversation with your spouse. Even when you’re in agreement on just about everything, a family lawyer in Kitchener from Simple Divorce brings with them experience, professionalism, and dedication to ensure every matter is resolved and put on paper. At the end of the day, you want your agreement to be fair, to make sure it’s legally binding, and to address all relevant potential disagreements, delving into property and asset division, debt division, parenting arrangements and child support, and spousal support, and more. Hire a family lawyer from Simple Divorce for further assistance.

How can we help?

Contested Divorce Litigation

Every divorce has a few areas where disagreements are likely:

  • Division of assets and debts
  • Division of property
  • Spousal support
  • Child support
  • Parenting time and guardianship

A part of the reason why the courts mandate spouses to have a minimum 1-year separation period prior to seeking a divorce is, in part, to find some agreement on these topics. If you still have not in that time frame, you’re likely leading to a contested divorce. This means the divorce is taken before the courts and a judge will rule on all disputes and disagreements. A contested divorce takes a lot more time and money, and is likely to be emotionally taxing. As challenging as it is, you absolutely will want an experienced lawyer to lean on for advice and guidance.

Contested divorce: Steps involved

  • Prepare the divorce petition by registering at the courthouse and receiving the formal petition.
  • The petition must be served to the other spouse and there is a defined period in which they can respond.
  • At this stage, you will want to be contacting, interviewing, and hiring a legal team to represent you in court.
  • Once you have your lawyer, it’s time for information to be gathered for the court hearings.
  • Pre-trial hearing and motions move forward.
  • Settlement proposals are offered from both parties. If these are negotiated and accepted, a court trial is avoided. If they are not, the trial moves forward.
  • During the trial, both parties attend the court hearings.
  • The court makes the decision on all disputed matters, providing the divorce order which can be appealed if there’s a further dispute.

Preparing for court trial

When trial is unavoidable, it’s time to prepare. The settlement phase is where you will find out what your spouse is requesting and what’s important to them. In this process, you want to gather information to defend yourself while advocating for what’s important to you. Your lawyers will prepare closing arguments, obtain evidence, and seek witnesses. During the trial, all of the hard work put in pre-trial will be what decides the ruling to a degree. This is why the divorce lawyer you choose matters. You want them prepared, knowledgeable, and unrelenting in protecting your rights.

Steps involved in a contested divorce

Separation Agreement

A separation agreement is used by couples who are separating to outline how assets and responsibilities will be split between the two parties. This type of agreement is used frequently by couples who want to avoid long and expensive divorce proceedings. It’s always important to have a family lawyer review your separation agreement prior to signing. This type of agreement can assist with a smooth divorce process and be used in the required 1-year separation period while couples wait to be allowed to seek a divorce.

Reasons for a separation agreement

  • To avoid future misunderstandings as you seek a divorce.
  • To divide property, assets, and finances between two parties who are no longer living together.
  • As a precursor to an eventual divorce agreement.
  • To plan out how items such as pension income or retirement savings will be divided.
  • To plan out the cost of educating children that you may have.

A family lawyer can provide much advice on how to put together a separation agreement as well as identify what matters should be addressed in consideration of your unique circumstances.

When should you use a separation agreement?

A separation agreement should be used if you are separating as common-law partners, if you’ve lived together for a long time and are separating, or if you are planning for a divorce.

The separation agreement can also be used in divorce proceedings to identify when a separation began. Although separation agreements can be challenged in a divorce, they can also be used to form a basis on which the divorce agreement is to be produced. How assets and responsibilities are divided can carry over to a divorce, if the court approves. The courts do have discretionary power to strike down any provisions that are unlawful or unreasonable. Separation agreements can be overturned as well.

It is very important to know that it is recommended that each party obtain their own independent counsel with a separation agreement. If they do not, it could open the door to having some parts or all of the agreement being challenged and set aside.

When should you use a separation agreement

Foreign Divorce Opinion Letter

When you or your spouse have been previously married and then divorced outside of Canada, to legally marry in Canada, a foreign divorce opinion letter is required. This letter acts as evidence that a foreign divorce has occurred, allowing the once-married and now-divorced party to marry again. A foreign divorce opinion letter is the only way to validate a foreign divorce in Canada.

This letter is taken as an authorization issued by the Minister of Government Services to show that the foreign divorce is complete and that a Canadian marriage can now be allowed to proceed. It is only at that time that a Canadian marriage license can be issued.

Is a foreign divorce considered valid in Canada?

As your lawyer, we will work hard alongside you to confirm that your divorce is indeed valid in Canada. If there are discrepancies or concerns, or if you need any help obtaining a foreign divorce opinion letter, let us intervene.

There are several factors that can play into determining is a divorce is valid or not. An area that is often exploited is evidence or lack thereof that you or your spouse was a resident of the jurisdiction that granted the divorce. With every client we take on, we analyze their unique circumstances, prepare the necessary documentation, ensure everything’s notarized and translated into the appropriate languages, and submit our argument to the Office of the Registrar General.

We have handled many foreign divorce opinion letters in Kitchener and throughout the region. If you are encountering trouble having your foreign divorce recognized prior to getting married in Canada, do not hesitate to get in touch with one of our dedicated family lawyers. Our team will make sure you have what you need to move forward without attachment to any prior marriage.

Experienced and Licensed Family Lawyer in Kitchener

Our divorce lawyer is licensed to practice law in Ontario by the Law Society of Upper Canada. They are professional, trained, and will ensure your divorce file is handled in a competent manner. At all times, we promise you our best effort and service to ensure we uphold the highest standards in family law in the province.

Our mission is simple. Affordable, low-cost divorce in Kitchener that is convenient and easy. At Simple Divorce, get set up with a divorce lawyer to get started on your divorce and minimize the stress of having to navigate the process alone.

For more information on obtaining a divorce in Ontario, please contact our Kitchener divorce lawyer.