Divorce is when a legally married couple separates from each other. Along with divorce there are so many other issues that may arise. Few of the issues that are directly related with divorce includes child custody, child access, asset division. All these has a major impact on any individual’s life. Nanda and Associate family lawyers have the experience and knowledge to help you through every stage of a family divorce process.
What is the purpose of a divorce?
After the divorce is granted, the marriage is legally dissolved and the ex-spouses are free to remarry. If the intention is not to remarry, the couple can also just separate and not apply for a divorce.
Do I need a divorce attorney
Engaging a lawyer is not necessary to separate or divorce. You can deal with the divorce proceedings on your own. It is advisable to have a experienced Family Law Lawyer by your side to protect your legal interests and responsibilities.
A Lawyer can also help in case any disputes arise in the parenting arrangements, division of property or custody issues. In case you need to go to court, a Family Lawyer can guide you with their independent legal advice.
What are the grounds for divorce?
For a couple who was legally married, divorce is the only legal way of ending the relationship. The only ground of divorce in Canada is breakdown of a marriage.
Under Family Law, the Federal Divorce Act governs divorces in Canada. Different Canadian provinces have their own documents requirements and processes for divorce.
The breakdown of a marriage can be established once:
Abuse/Cruelty – Abuse occurs when one spouse has been cruel or abusive, either mentally or physically to the other.
Separation – Separation occurs when both spouses have lived apart and separately for a minimum of one year.
Contacting an experienced divorce lawyer is helpful as they can review your specific circumstances and ensure your legal rights are protected.
What information do I need to begin divorce proceedings?
A spouse who applies for divorce has to meet various selection criteria including:
Divorce Act is a federal law but the actual process of divorce is governed under provincial and territorial laws. The spouse applying for divorce needs to complete the requisite forms as specified under provincial or territorial laws and file them in court.
It is advisable that you and your spouse agree with the major issues of the divorce-regarding parenting arrangements, custody arrangements, division of property and related issues. If you are not able to reach mutual agreement, you can apply to the court to intervene and help you make these decisions.
Can I get my divorce if there are unsettled issues?
If there are issues which are not settled amongst the spouses, it is known as a Contested Divorce. Spouses are not in agreement in a Contested Divorce. Divorce and its terms and conditions can be possible reasons for the disagreements. Some of the contentious issues may include support and the division of property.
There are many ways to settle an uncontested divorce like an out of court settlement, mediation or negotiation.
In comparison to an uncontested divorce, a contested divorce can be more time-consuming and expensive. It is also seen more frequently in cases where couples have children, multiple properties or have been married for a long time.
Court intervention and retaining of a divorce lawyer is highly recommended.
What matters are dealt with in the divorce proceedings?
Under the Divorce Act, a couple who are seeking divorce need to deal with many issues including:
I want to remarry someone from my own faith but my spouse is preventing it. Is there anything I can do?
Yes. In a divorce proceeding before the court, in many cases as per their religion, a spouse may refuse to remove any barrier to remarriage of the other spouse.
The court has the power to dismiss the application of the refusing spouse Or to strike out any other pleading or affidavit filed by the spouse.
In all cases, where the power to remove the barrier lies with a religious body or leader, the Divorce Act will not apply.
What is an uncontested divorce?
Spouses are in agreement in an Uncontested Divorce. A written separation agreement exists to resolve the divorce issues and is signed by both the spouses. Both spouses jointly agree to end the relationship and seek a divorce. In most cases, Uncontested Divorces are quick and more cost-effective than Contested Divorces.
At Nanda & Associate Lawyers, our experienced divorce lawyers take the time to understand your specific circumstances and provide tailored and customized solutions.
Our Mississauga Divorce Lawyers are available for a no-obligation free consultation. Come and experience our quality legal counsel and personalized care we provide each client.
