Uncontested Divorce Lawyers in Brantford

If you and your partner agree to your own set of terms and conditions regarding your separation or divorce, you can file for an uncontested divorce. This divorce is easier than a contested divorce. Even if you can apply for an uncontested divorce on your own, it is best for both parties to retain a lawyer. A divorce is considered uncontested if one spouse is served with a divorce application and doesn’t respond or oppose. Uncontested divorces can proceed without the parties involved appearing in court. At the conclusion of the divorce, a Divorce Certificate can be issued. This certificate is necessary if either of the parties wishes to remarry.

 

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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.

Benefits of Uncontested Divorce

Compared to a contested divorce, an uncontested divorce offers many benefits. First, it is amicable because the spouses choose to work together instead of fighting each other. The divorce doesn’t need to proceed to court and thus can be concluded much faster. Divorce is also less costly since it doesn’t involve lengthy court proceedings.

How Our Lawyers Can Help

Even if you file for an uncontested divorce, the end of a marriage is always emotional and difficult. You need a lawyer to help you make the right decisions. A lawyer will review the written separation agreement between you and your spouse to determine whether it is reasonable. Our compassionate divorce lawyers at Simple Divorce will make the divorce process easier. We will provide outstanding legal guidance and safeguard your rights and interests. Our lawyers will handle the legal work while you focus on moving on with your life.

Contested Divorce Litigation

Disputes arise if both partners cannot agree on the terms of their separation. Spouses might disagree on issues pertaining to child support, parenting, spousal support, or family property division. These disagreements lay the foundation of a contested divorce. With the help of a counsel, couples can negotiate and settle contested divorces out of court. However, some disputes must be resolved in court by a judge. Contested divorces are intricate and tend to take longer to conclude. A contested divorce can be quite costly, depending on the outstanding issues and the willingness of the involved parties to negotiate and settle. If spouses disagree on the terms of the divorce, they enter the case management process. Here, the spouses discuss the outstanding issues and attempt to streamline the process. If the parties do not reach an agreement during the case management process, the divorce case proceeds to trial. The judge makes the final order regarding the disputed issues, grants the divorce, and the process is complete.

What to Expect in a Contested Divorce

  • Step 1: One spouse submits a divorce petition in court. If you are the one initiating the divorce, your divorce lawyer can help you file the divorce petition. You must clearly state in the divorce petition why you are divorcing your partner. You will request the judge to give a divorce agreement.
  • Step 2: Your spouse’s lawyer will file a response to the divorce petition. You should not try to face your spouse’s lawyer on your own. You need a lawyer at your side for a fair negotiation.
  • Step 3: With the help of your lawyer, you will gather all the documents required for the settlement or the court process. At this step, the pretrial hearings and motions might also commence.
  • Step 4: You, your spouse, and your lawyers will review the settlement offers. The case doesn’t have to proceed to trial if you agree to all the settlement terms.
  • Step 5: If you are unable to reach a settlement out of court, the case will proceed to trial. At the court, you and your lawyer will have an opportunity to present the facts. Your spouse and their lawyer will also be present. After listening to both sides, the judge will issue a judgment and grant a divorce order. Usually, when a divorce case proceeds to court, it will likely take longer to conclude and will also be more costly.

Preparing for Trial in Contested Divorces

The best way to prepare for a contested divorce is to hire a lawyer to help you navigate the intricacies of dissolving a marriage. If you are looking for someone to help you understand your legal rights, we invite you to contact our lawyers at Simple Divorce. We will represent you and answer all your questions regarding the divorce process. We are always available and delighted to assist you.

Separation Agreement

You and your partner can agree on what you want to happen when you separate or divorce. You can put what you have agreed on in a separation agreement. A separation agreement is a legal agreement that spouses make, which outlines what will happen to their family issues in the event of divorce or separation. You can make a separation agreement if you are in a common-law or marriage relationship. If you are married, drafting a separation agreement is not equitable to a divorce. You must apply for a divorce in court. However, the separation agreement can outline how and when you will get a divorce. You don’t need to have a lawyer to make a separation agreement. However, it is crucial to seek legal counsel before you sign the agreement.

When to Get a Separation Agreement

You can draft a separation agreement at any time after you separate from your spouse:

  • You do not have to wait until you and your spouse agree on all the divorce issues before you make a separation agreement. You can make an agreement on the issues you agree on as you work on resolving the issues in dispute. For example, if you agree on parenting time, decision-making responsibility, and child support, you can make a separation agreement highlighting these issues.
  • You can make a separation agreement that is only valid for a certain duration. For example, the agreement can outline where your children will live for the summer. When the period ends, you can review the agreement.
  • If you and your partner agree to the changes, you can amend the separation agreement at any time.

Why Have a Separation Agreement?

There are several reasons why you can consider making a separation agreement:

  • A separation agreement is a cheaper, faster, and less stressful way of addressing divorce issues than going to court.
  • It gives you and your spouse an opportunity to decide on what works best for your family instead of having the court decide.
  • It makes it easier to prove what you and your partner agreed upon instead of relying on verbal agreements.

For the court to recognize a separation agreement, the parties involved must have entered into the agreement voluntarily, without coercion. The agreement must also be reasonable and fair to both parties. Both spouses must have made an honest disclosure of their assets and liabilities.

Foreign Divorce Opinion Letter

A foreign divorce opinion letter is a legal requirement for any divorced person who wishes to remarry in Canada. The divorce opinion letter will outline that your divorce is recognized and valid in Canada under the Federal Divorce Act. Before you remarry, you must consider seeking an opinion letter. You must have the document translated by a certified translator if your foreign divorce isn’t English or French. You can only obtain the foreign divorce letter from a lawyer after the translation.

Is a Foreign Divorce Valid in Canada?

For your foreign divorce to be valid in Canada, you must demonstrate several factors. It must be evident that you had a real and substantial connection to the country or jurisdiction where you obtained the divorce. You can prove this if:

  • You have a strong and well-established support network in the jurisdiction where you obtained the divorce
  • You have established family connection to the country where you obtained the divorce
  • Your relatives, like siblings and parents, are in the jurisdiction where you obtained the divorce

It should also be evident that before you obtained the divorce, you or your former spouse had lived in the jurisdiction where the divorce was issued for at least one year.

Skilled and Experienced Divorce Lawyers in Brantford

When you choose our divorce lawyers to handle your case, you receive the most empowering support possible. Our legal services are also cost-effective. You should contact us even if you have limited resources; we will work out a repayment plan that suits your financial situation. We seek to understand and support every client holistically.

No matter the challenges that the divorce brings, we are optimistic and believe that there are better times ahead of you. You deserve representation from proven lawyers who are focused on you. We understand that complex family law cases require determination and persistence. Just like you would never give up on your family, our lawyers at Simple Divorce will not give up on you.