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Looking for a divorce lawyer?
Breakups suck. Whether it's your spouse… Or your boyfriend.
But here's the one thing that can make it better…
Knowledge.
Knowledge of the legal divorce process and your rights.
Did you know that 38% of marriages end in divorce? Over one third of couples.
Most never see it coming.
And those who do are usually better prepared.
That's where we come in.
What you'll learn
What Is The Divorce Process?
Why You Need Professional Legal Help
Different Types Of Divorce
How Long Does Divorce Take?
The Divorce Process Step-By-Step
What Is The Divorce Process?
The divorce process refers to the legal procedure for ending your marriage.
Here in Canada, we only have one ground for divorce. Marriage breakdown.
However, there are three ways to prove marriage breakdown in Canada…
One year separation
Adultery
Cruelty
The most common route is one year separation. But if you can prove adultery or cruelty… You may qualify for a quicker divorce.
But… Did you know…
The divorce process actually begins before you file your first court document.
It starts on the day you decide to separate from your spouse.
Once you've made that decision… Things start to get ugly.
Why You Need Professional Legal Help
Grab your pencil and take notes…
Don't file for divorce without legal representation.
Divorce lawyer services are non negotiable.
The requirements and paperwork differ from province to province. Some are more complex than others.
Make a mistake and it could cost you thousands in extra fees. Not to mention unnecessary delays.
If you find a divorce lawyer in Toronto, they'll guide you through every step of the process…
Familiar with local court rules
See loopholes you might miss
Protect your financial interests
Negotiate on your behalf
Ensure everything moves along quickly
Failing to retain counsel could cost you financially.
Say goodbye to thousands in your settlement if you don't know which mistakes to avoid.
Don't go into this blind.
Types Of Divorce
Wait… There's different types of divorce?
Yes.
While the divorce process itself is standard… How you file for divorce depends on you and your spouse.
There are two main types of divorce to be aware of…
Uncontested Divorce
This is where you and your spouse are able to agree on everything.
The divorce. Child custody. Division of property. Support payments.
You got it. ALL OF IT.
If you can avoid fighting over anything… You'll save time, money, and stress.
An uncontested divorce is also faster. You can expect to pay around $1,860 in lawyer fees and court costs.
Best of all… You might never have to step foot in court.
Contested Divorce
As the name implies…
A contested divorce is when you and your spouse don't agree on one or more issues.
You could fight over the family home. Child custody. Even who pays support and how much.
Expect to pay around $20,625 in legal fees if your divorce goes to court. But that number can skyrocket if things get nasty.
Contested divorces take MUCH longer too.
How Long Does Divorce Take?
"What's the process for divorce?"
"How long is the divorce process?"
"The divorce process takes X amount of time." <- Lies.
This is the number one question we hear from potential clients.
And for good reason.
No one wants to drag their divorce out longer than necessary.
It also depends on which province you live in.
But here's the general timeline…
Uncontested Divorce Timeline
If you and your spouse agree on everything…
You can expect your divorce to take roughly 4-6 months.
That includes filing your application, waiting for your divorce approval from registry, and receiving your divorce certificate.
Simple.
Contested Divorce Timeline
If you two can't agree on EVERYTHING…
Your divorce could take anywhere from 1-3 years to finalize.
Add on extra time if you contest things like property division or custody.
You'll have multiple court appearances, attend discovery/disclosure, meet with a settlement conference, and possibly go to trial.
Every step prolongs your divorce…and drains your bank account.
Divorce Process Step By Step
Ok time for the nitty gritty…
Step 1: Meet Eligibility Requirements
In order to file for divorce, you must:
Live in your province for at least one year (either spouse)
Be legally married
Prove your marriage is broken
That's literally it. Basic eligibility to file for divorce.
Step 2: Collect All Needed Documents
You'll need a copy of your original marriage certificate. And if you and your spouse have property to divide or need support…
You'll need all financial documents as well.
Tax returns, bank statements, paystubs, property appraisals, debt statements, etc.
The more prepared you are… The quicker things will progress.
Step 3: File Your Application
Time to officially kickstart your divorce.
You'll file an Application for Divorce with the court. Here you'll list what you're asking for. The divorce along with any support claims, property claims, or parenting claim motions.
You'll have to pay a filing fee when you submit your application. ($224 if you're in Ontario)
Step 4: Serve Your Spouse
You then have your spouse "serve" or officially provide your ex spouse the divorce documents.
They'll then have 30 days to file an answer with the court. If they don't reply… Your divorce is considered uncontested.
However… If they do provide an answer to your application… Negotiations begin.
Step 5: Negotiate Settlement Agreement
This stage is where most of the divorce process takes place.
If you and your spouse disagree on issues like property division, support payments, parenting arrangements, etc…
You'll have to negotiate an agreement that both parties can feel comfortable with.
The majority of divorces are settled without going to trial.
It's far less expensive that way.
Step 6: Receive Divorce Order
You'll wait for the judge to review your agreement and sign-off on the divorce order.
There's typically a 31 day waiting period for appeals. Once that period is up…
Congratulations, you're divorced!
You can now request your divorce certificate from the court. You'll need this if/when you decide to remarry.
About The Separation Period
If you knew nothing else about divorce…
Never move out of the family home before talking to a lawyer.
You see…
Physical separation isn't required.
You and your spouse can live under the same roof and be considered separated.
Individually living your lives. Sleeping in separate bedrooms. Separate bank accounts. No sexual relations. Telling people you two are living separately.
Bottom line. You don't have to move out to begin the divorce process.
One Year Separation means one year of living separate lives.
Not one year from the date you file for divorce.
Mistakes To Avoid
What's the most common divorce mistake people make?
There are quite a few but here are the ones you should look out for
Deciding to hide assets/income. The courts will find out.
Trying to win every battle. Let it go… Sometimes.
Missing deadlines. Ignoring court dates or deadlines can prolong your divorce.
Failure to document. Write down every agreement, conversation, and transaction.
Trying to hurt your spouse through the children. The court will do this right back to you, and worse.
Avoid these divorce mistakes and you'll be golden.
Wrapping Up…
Knowing what to expect is half the battle.
Now that you know how divorce works in Canada…
You have the knowledge to protect yourself and your rights.
You now understand the 3 grounds used to file for divorce. How long divorce takes. How much it costs. The step by step process. And mistakes to avoid.
There's a lot to take in. But that's why we're here.
To educate YOU on your rights as a divorcing spouse.
You're not alone in this. Millions have gone through it before you. And will continue to go through it.
You can do this.
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