Uncontested Divorce Lawyers in Barrie

Divorce is usually classified into two categories: contested and uncontested divorce. You can have an uncontested divorce if you and your partner agree on all the aspects of your divorce or separation. You agree on the issues of spousal support, child custody, and asset division. An uncontested divorce is marked by high levels of cooperation between the parties involved. It also involves a mutually agreed-upon separation agreement. The process of uncontested divorce doesn’t require court appearances by either of the parties. The parties sign divorce agreements which are filed with the Superior Court of Justice.

 

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The Benefits of Uncontested Divorce

You don’t have to rely on the court’s judgment to resolve your divorce. An uncontested divorce is amicable because both parties are happy with their decisions. This divorce is less costly and allows a faster conclusion of the divorce. You can conclude the divorce and resume your life in an amicable manner. Many couples prefer an uncontested divorce since most divorce issues are settled out of court. Typically, the court adopts the separation agreement in its court order.

How can We help?

At Simple Divorce, we have helped many couples to pursue uncontested divorces. We will go out of our way to help you and your spouse reach a mutually beneficial divorce agreement. Even if an uncontested divorce is settled out of court, you still need the guidance of an experienced lawyer before you sign any agreement. Ideally, each spouse should have an independent lawyer. Any agreement you sign is long-term and legally binding. Even if the law doesn’t require you to hire a lawyer for an uncontested divorce, having a lawyer is wise. Our lawyers at Simple Divorce understand all aspects of uncontested divorce; you can count on our reliable legal representation.

Contested Divorce Litigation

When spouses are unable to agree on one or multiple aspects of their divorce, a contested divorce arises. Most disputes revolve around the division of property, child support, alimony, or shared debts. The disputes lead to more complicated legal procedures. A contested divorce is characterized by lengthy court proceedings. Before you file for a contested divorce, the law requires you to have undergone a one-year separation. Compared to uncontested divorces, contested divorces are more hectic and expensive.

Steps involved in a contested divorce

  • One of the spouses prepares an application for divorce and files it in court. This step is usually referred to as the commencement of proceedings. When filing the application for divorce, the petitioning spouse submits some supporting documents. The judge opens a record at the courthouse. The other partner is served with the application for divorce and the documents.
  • The spouse that receives the application for divorce files an answer. Answering means that the party prepares a written document indicating their intention to settle the divorce out of court or to contest the divorce application. The response should also include the contact details of the spouse’s lawyer if they have one. The general rule is that the spouse who receives an application for divorce should file a response within fifteen days of receiving the application.
  • The spouses or their lawyers prepare the case protocol. Both parties and their lawyers must cooperate because there is only one protocol per divorce proceeding. The parties will have three months from when they receive the notification of the application for divorce.
  • Engage in information gathering processes where your lawyers undertake the different legal procedures to get all the information required for court hearings.
  • The parties, with their lawyers, will review the divorce settlement offers. If they are content with the offer, they can settle the divorce out of court instead of proceeding to trial.
  • If the divorce case proceeds to court, the judge will consider the evidence provided by both spouses. The judge will also consider the provisions of the separation agreement. Finally, the judge will issue the final judgment. You can appeal the court’s ruling if you aren’t happy with the outcome.

How to Prepare for a Contested Divorce

To get the best possible terms out of your contested divorce, you should work with an experienced lawyer. Hiring a lawyer is the best way to protect your interests in the face of divorce. Divorce is often a stressful time for everyone involved, but a divorce lawyer makes the process more bearable. Our lawyers at Simple Divorce will help you prepare the divorce paperwork, review the separation agreement, and represent you in court. We will employ our proven strategies to negotiate favourable divorce terms.

Separation Agreement

A separation agreement is a legal document that outlines the details of an agreement between two individuals in a marriage relationship. The agreement deals with issues of property division, matrimonial responsibilities, and financial allotments to protect the interests of both spouses. A separation agreement is necessary in scenarios where a couple is headed for divorce. A couple can attach a separation agreement to the divorce application. When the court accepts the separation agreement, it makes it part of the judge’s divorce order.

When to Consider a Separation Agreement

You may consider a separation agreement for several reasons:

  • A need to separate, but you don’t want to go through a divorce: It is common for spouses to separate when they go through a rough patch. You may be unsure of what the future holds. The time apart can help you figure out your differences. In this case, a separation agreement defines shared responsibilities even when you are separated.
  • You have decided to get a divorce: If you decide to divorce your partner, a separation agreement outlines your agreement on the divorce issues. It states how you will handle properties and your responsibilities, including children.
  • You want to separate but remain married: Perhaps you and your partner want to live apart but still maintain your legal relationship status. A separation agreement will outline which partner is responsible for what.

The Benefits of a Separation Agreement

You stand to gain the following benefits from a separation agreement:

  • A high level of flexibility: Whether you are separating or going through a divorce, a separation agreement allows you and your partner to decide how to sort out your issues. You will not leave major decisions regarding your family to court.
  • Save on Costs: When you agree on issues and draft a separation agreement, you will not have to incur costs arguing out the issues in court.
  • Solidifies the arrangement between you and your spouse: Since a separation agreement is a legally binding contract, it serves as evidence of the agreements or arrangements that you and your partner make.

Foreign Divorce Opinion Letter

If you divorced outside of Canada and you would wish to remarry in Canada, it is important that you obtain a divorce opinion letter. You should obtain the divorce opinion letter from a licensed lawyer in Barrie before getting remarried. Ensure that you include the foreign divorce opinion letter when submitting your application for marriage. Failing to include the foreign divorce opinion letter could lead to a denial of your marriage certificate. Prior to drafting the letter, a lawyer considers several factors, including the jurisdiction where the divorce was granted. After considering all the relevant factors, a lawyer gives an opinion on whether your foreign divorce should be recognized in Canada.

Is a Foreign Divorce Valid in Canada?

For a foreign divorce to be recognized in Canada, you must prove several factors. You or your spouse should have resided in the jurisdiction where the divorce was issued for at least one year prior to the divorce. Therefore, you must submit a signed statement indicating your residency in the divorce jurisdiction. You can also prove that you have strong or substantial connections to the jurisdiction where you obtained the divorce. For example, perhaps you used to work in that jurisdiction, or your family resides there. If you need any help in proving the validity of your divorce, our lawyers at Simple Divorce can help you.

Caring and Responsive Divorce Lawyers in Barrie

A divorce is the formal end of your marriage, changing your status from married to single. Many couples seeking divorce have already been separated for at least one year. However, a divorce can still be an overwhelming and stressful process, even if it is what you and your spouse want. Our experienced divorce lawyers at Simple Divorce can help you to navigate this stressful situation.

We understand that you want to resolve your divorce in a cost-effective and timely manner. Our law firm has an unbeatable reputation for being client driven and focused on providing clients with the best outcome for their cases. Our lawyers are experienced in handling all family law matters, including child access and custody, division of property, spousal support, and child support. You can count on us whether you are pursuing a contested or an uncontested divorce.