Divorce is a challenging time in anyone’s life. The decision to divorce your spouse can be one of the most difficult decisions you may ever make.
The actual divorce and the weeks and months after it can have a significant impact on the entire family, spouses and children.
In this time, having a trusted and experienced divorce lawyer by your side can make a huge difference. From protecting your legal interests to making you aware of all your options, a skilled divorce lawyer will ease the process and help you navigate this stressful time in your life.
What is a Simple Divorce?
If you are considering a divorce, you may have heard about ‘Simple Divorce’. It is a way of getting divorced without any litigation involved between the parties. A simple divorce is also known as an uncontested divorce.
In the majority of the divorces, this is how the separation takes place. In a simple divorce, both the spouses also come to a mutual agreement on all their issues. Issues like how to manage child custody and divide the assets are mutually decided upon and expressly mentioned in the separation agreement.
A simple divorce is an easy and litigation-free mode of getting a divorce to annul the marriage. It is also less expensive as there’s no court litigation involved.
How can I get a Simple Divorce in Ontario?
A simple divorce can be an option if both the spouses are communicative and open for negotiations. To pursue a simple divorce, you will need to agree on all the factors regarding the separation. Communication needs to be absolutely clear and transparent between the two parties.
The Canadian Federal Government has a laid down procedure for child support which has to be followed by both spouses. For issues like spousal support and assets division, the Government has a set of guidelines to be followed.
It is highly recommended to negotiate and settle the divorce proceedings rather than going into a time consuming and expensive court litigation.
What is the process of a Simple Divorce?
A simple divorce can be proceeded by anyone who is willing to do all the documentation themselves. It can be done even without having a mediator or lawyer involved in the process.
With just a law clerk for support, a simple or uncontested divorce case can be pursued with some primary steps involved.
- It is essential that both the spouses must live apart and separately for a minimum of one year. In this period, the partners need to have different lives from each other. Many partners even continue living in the family home and carry out their daily rituals of eating, sleeping and more individually.
- A written separation agreement has to be drafted by both the spouses, wishing to get a simple divorce. With this separation agreement properly drafted, there is no need for lawyers, courts or even judges to decide on your divorce. The agreement also serves to maintain the legal rights and responsibilities of both the parties during the process and afterwards too.
- Application for an uncontested divorce can be filed after the spouses have been living separately for at least one year. In a simple divorce, one spouse files the application and then the divorce application is served to the other spouse. In a joint divorce application, both the spouses mutually agree to file the application.
Dealing with an experienced divorce lawyer in Mississauga has its own advantages. From marriage contracts, cohabitation agreement, court applications, spousal support to custody and access, the experienced divorce lawyer will ensure maintenance of your legal interests.
How We Can Help
At Nanda & Associate Lawyers, our exceptional divorce lawyers take the time to understand your specific position and serve up customized solutions to them.
Our Mississauga Divorce Lawyers are available for a no-obligation free consultation. Come and experience our quality legal counsel and personalized care we give to each client.