Uncontested Divorce Lawyers in Kingston

When you decide to file for divorce in Canada, you can pursue a contested or uncontested divorce. An uncontested divorce is easier because spouses work together and agree on all the divorce issues. The issues include spousal and child support, division of property, and parenting issues. For an uncontested divorce, a couple must agree on most or all of the issues of their divorce. There is no need to appear before a judge if you decide to pursue an uncontested divorce. However, it is advisable to consult an experienced family lawyer beforehand. If you and your spouse feel that you can work out your divorce issues without going to court, you can consider pursuing an uncontested divorce.

 

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Benefits of Uncontested Divorce

Either spouse can initiate a divorce in Canada. If one spouse files for divorce and the other spouse doesn’t file a response, the court assumes that both spouses have agreed to end the marriage. In an uncontested divorce, spouses not only agree to end the marriage but also agree on the terms of the separation. Since the terms of the divorce are agreeable to both parties, they do not need to go to court. Therefore, an uncontested divorce is concluded much faster, even within two months. An uncontested divorce is also more affordable since you don’t have to face a lengthy legal process. Uncontested divorces are also less stressful for all the parties involved.

How Our Lawyers Can Help

On the surface, an uncontested divorce seems like the best option. After all, it is not as time-consuming, financially draining, or emotionally draining as a contested divorce. However, you still need a divorce lawyer to advise you on whether you should pursue a contested or uncontested divorce. Despite the many drawbacks of a contested divorce, it still has some advantages. Every legal procedure has some complications. Before you sign any agreement in an uncontested divorce, you must be sure that you are making the right decision. The law doesn’t require you to hire a lawyer for an uncontested divorce. However, a lawyer will help you resolve issues of child support, parenting time, assets, debts, and property division.

Contested Divorce Litigation

You may file for a contested divorce if you and your spouse cannot agree on issues like who gets what after the divorce. You can also disagree about child custody, property division, and alimony. A contested divorce is characterized by legal battles that can be lengthy and difficult to resolve. A contested divorce is also a costly process. Since spouses are unable to agree on divorce terms, they must appear before a judge. The judge decides the case based on the information provided by the spouses and their lawyers. During a contested divorce, you will complete pre-trial steps like negotiations and settlement offers. When your case proceeds to court, you and your spouse will undergo questioning.

What to Expect in a Contested Divorce

  • Step 1: The initial step involves filing a divorce petition. The petition must outline why you are filing for divorce. Your divorce lawyer will serve your spouse with the divorce petition. You can then request that the court grant the divorce agreement.
  • Step 2: Your spouse’s lawyer will file a response to the divorce petition. You should not face your spouse’s lawyer on your own. You need to have an experienced divorce lawyer by your side.
  • Step 3: If you intend to settle the divorce out of court, your lawyer will gather all the necessary documents. If your case proceeds to trial, your lawyer will help you prepare for the court hearings. Motions and pre-trial hearings may also take place at this point.
  • Step 4: At this point, both spouses will review the settlement offers. If they agree on the settlement terms, the case will not proceed to trial.
  • Step 5: The divorce will proceed to trial if it is not resolved out of court through mediation or arbitration. The court will decide the divorce case and issue a judgment or divorce order. If you are unsatisfied with the court’s ruling, you can file an appeal. During the appeal, you will present additional evidence and put up a defence. If your case proceeds to court, it will take more time to conclude, so you will spend more money.

How to Prepare for Trial in Contested Divorce

Especially if you have never faced trial before, appearing before a judge can be intimidating. You need reliable legal counsel to help you prepare for trial. Our lawyers at Simple Divorce will help you gather the necessary documents and evidence. We will also represent you during the court hearings. We have your best interests at heart. We will do everything in our power to secure a positive outcome for your case.

Separation Agreement

Since a divorce takes time to complete, having a separation agreement can be helpful. A separation agreement makes it easy to resolve issues like property division, financial support, and parenting agreements. If you have a written agreement, the divorce process is easier since you will have agreed on all the important aspects. You can negotiate the terms of the separation in a written agreement signed by both spouses. The law doesn’t require you to have a separation agreement. Even if you don’t have an agreement, you can still apply for divorce. If you have a separation agreement, the court can include it in the court order. If you have no agreement, the court makes an order that addresses all the issues.

A Legally Binding Separation Agreement

The following are necessary for a separation agreement to be legally binding:

  • Both spouses must be honest and open about their financial situations
  • There must be a complete disclosure of significant assets and liabilities
  • The agreement must be in writing and bear the signatures of both spouses. The spouses must have signed in the presence of a witness.
  • Both spouses must have entered the agreement willingly, without duress
  • Both parties must understand the terms and provisions of the separation agreement
  • Each party should receive independent legal advice

Especially where children’s rights are involved, the agreement could be subjected to judicial review. The court could even override the terms of the separation agreement.

Preparing a Separation Agreement

It is possible for spouses to prepare their own separation agreements. However, it is best to have a lawyer negotiate and prepare a separation agreement. The separation agreement defines each spouse’s rights and obligations. Therefore, you should be certain that your rights and obligations are safeguarded before you sign a separation agreement. If each spouse is not represented by a family lawyer, you should at least consult your lawyer before you sign the agreement.

A separation agreement can be used as follows:

  • It can serve as an alternative to divorce
  • It outlines each party’s responsibilities and obligations before the divorce
  • It clarifies when the separation commenced

The court doesn’t have to uphold the separation agreement, especially if the court feels that the agreement is unfair or unreasonable.

Foreign Divorce Opinion Letter

A foreign divorce opinion letter is a legal document required to verify that a divorce outside Canada is valid in Canada. When you divorce outside Canada, you may be eligible to remarry in Canada, provided you have a divorce opinion letter. When applying for a foreign divorce opinion letter, you will need the following documents:

  • Marriage license application
  • Statement of sole responsibility
  • Divorce Decree
  • A signed statement confirming your residency in the divorce jurisdiction

Whether a Foreign Divorce is Valid in Canada

For your divorce to be valid in Canada, you must meet several conditions. You and your spouse must have resided in the country where the divorce was issued for a minimum of one year before applying for the divorce. You must have a substantial connection to the jurisdiction or country where the divorce was granted.
Other than having resided in the country where the divorce was issued for 12 months before the divorce, you can provide other proof. For example, you can prove that you worked in the jurisdiction that issued the divorce or that you have property of significant value there.

Licensed and Experienced Divorce Lawyers in Kingston

Facing a divorce is one of the scariest and most traumatizing events you can ever experience. Divorce ranks among the top five most stressful situations. When you decide to file for divorce or when your spouse serves you with a divorce petition, you need an experienced lawyer by your side. A divorce lawyer has your best interests at heart and will safeguard your rights throughout the divorce process.

At Simple Divorce, we have experienced lawyers who handle all aspects of property law. We can represent you in cases involving child custody, property division, alimony, and the sharing of assets and liabilities. We will explain your options, including whether you should pursue a contested or uncontested divorce. Our lawyers first try to settle divorce cases out of court. However, if you and your spouse cannot reach an agreement out of court, your case proceeds to court. Our lawyers will not leave your side even if your divorce case proceeds to trial.