An Overview Of The Divorce Process

You have decided to divorce. But you are afraid of the fact that you are not very familiar with the whole process of divorce. Davies Family law firm Toronto will provide you with some information about it. 

How to initiate divorce proceedings? 

There are two ways to initiate divorce proceedings: by filing for an amicable divorce or by filing a lawsuit.  

Agreed divorce 

You initiate this procedure, certainly more painless and cheaper, with a proposal for an amicable divorce that you submit to the competent court in the place of residence or stay of one of the spouses or in the place where your last joint residence was. This option implies that you are in a correct relationship with your ex-spouse and that you are in a position to agree on all important issues. The most important feature of a consensual divorce is the mutual consent of the spouses to divorce. 

What should a proposal for a consensual divorce contain? 

In the proposal, you need to first resolve important issues concerning your joint minor children, if you have them, and the proposal must contain a written agreement on entrusting the children, i.e., which of you will exercise independent parental rights or will exercise parental rights jointly by agreement. 

Parental rights belong to the mother and father together and they are equal in exercising parental rights. When a divorce occurs, parental rights are exercised independently or only by one parent or jointly if so agreed. 

If the agreement proposes that one parent independently exercise parental rights, in addition to the agreement on entrusting the child to one parent, the proposal must also contain an agreement on the amount of maintenance contributions to be given by the other parent, as well as an agreement on maintaining personal relations with the other parent. A parent who does not exercise parental rights has the right and duty to support the child, to maintain regular personal relations with the child and to decide jointly on all important issues that affect the child's life (e.g., education, change of residence, medical procedures, etc.). in agreement with the parent exercising parental rights. If you have acquired joint property in the marriage, you must also include an agreement on the division of joint property in the proposal for an amicable divorce. edit how you will share the property. The proposal must be in writing and must be signed by both spouses. 

Divorce by lawsuit 

Another option for initiating divorce proceedings is to file for divorce, especially if your relationship with your spouse is so disturbed and conflicted that no agreement can be reached on important issues. In our law, the principle of divorce is valid, from which the rule derives that no one can remain married against his will. Therefore, every spouse has the right to divorce if the marital relationship is seriously and permanently disrupted or if, objectively, the community of life can no longer be achieved for a certain period of time. You can file a lawsuit in the court in whose territory your last joint residence was, or, if the community of life has ended, also in the court that has jurisdiction over the place of residence of the defendant. 

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What‌ ‌to‌ ‌Do‌ ‌When‌ ‌Your‌ ‌Partner‌ ‌is‌ ‌Contesting‌ ‌Divorce‌ ‌

The time may come when you feel like you do not want to be with your partner anymore. It can be a bit complicated when your partner does not feel the same way. You may want to get a divorce but your partner would like to contest the divorce.

You would like to dissolve the marriage but you do not know how you are going to do it. Now can be your time to consult with Davies Toronto family lawyers. They may give you some suggestions on how you can dissolve your marriage easier.

How You Can Obtain the Divorce Easier

It will always be more problematic when your ex-partner does not want to agree with the divorce. You have to wait for a longer time. You can expect that you will feel different emotions while waiting. There is this fear that will grip your heart whether your ex-partner will finally consent to the divorce. Till then, you might feel like you are trapped in this situation. This is when you should contact Ottawa family lawyers. They will give you all of the information that you need.

Some Things You Can Agree On

There are different reasons why your partner may not want to agree on the divorce. Your partner may not want it because he/she still loves you. There is also a chance that there are other things that your ex-partner is worried about.

The usual issues involve the following:

• Division of your different properties

• The disposition of the house that you share as a couple

• Child custody and visitation rights

• Spousal support

If these things would not be clear to your partner, there is a big chance that your ex-partner will try to delay the divorce. He/ She may not even want to hire a lawyer thinking that the divorce will not push through.

Trying Out Family Trial

Your ex-partner probably does not agree with all of the things that you are proposing so that the divorce will push through. This can be the recommended proceeding. The resolution that will be reached here will become the “Final Order.” You need an Ottawa family lawyer to ensure that this will happen.

You can try to represent yourself during the trial but this will not work too well. You might end up saying a few things that will hurt your chances to get the best resolution from the trial. Remember that your ex-partner will be having witnesses and will present evidence so that things will not work out in your favor. You need to be prepared. The right lawyer can help you with that.

Once the court hears your sentiments and the things that your ex-partner says, that is the time when a resolution will be made.

Contempt of Court

Let us say that the court has already decided that your children will leave with you. Your partner will get visitation rights 3 times a week. Your partner does not agree with this and might break what the court has stated. When this happens, you can get your lawyer to file an order wherein your ex-partner would need to adhere to what the court has stated. The help of a lawyer who is very knowledgeable about family law will help you a lot.

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11 ways to make shared custody not suck

Joined custody is a very common process these days as most parents agree to have equal rights according to Davies family lawyer Ottawa over the child as they both care about the child and want to take care of him/ her.

How to achieve joint custody with your partner?

1. Talk to them about the child

It is extremely important not to fight when it comes to talking about your child and come to terms. Please note that parents who do not fight tend to raise healthier children. It is not good for them to fight or not to be on good terms. There are even parents who harm and hurt each other and that is no way to agree on a joint custody.

2. Respect your ex-partner

No matter how long you’ve been together, it is important to always be professional and collaborative. Otherwise, you won’t be able to agree on anything. When you have the urge to fight, just think about your child, this is your parent you want to offend or fight with.

3. Create a strategy

Creating a strategy with your former partner is important when agreeing to co – parenting. That way you will have a previously prepared list or plan that you both have to stick to it so you won’t argue or fight in the future.

4. Be sure to do what’s best for the child

If the child wants to spend more time with one parent, then you should agree on that. There is nothing wrong with that. Once the child grows up they will understand that he/ she needs to spend equal time with both parents. But the most important thing at the moment is to make them happy.

5. Communication should always be a priority

Communication is always the most important thing when agreeing to share custody with your former partner. If you are not on speaking terms, there will be fights and you won’t be able to agree on custody.

6. Keep the communication on a high level

This means to respond when your partner sends you a text message, emails you or calls you regarding your child. It is important to answer and talk to him/ her, it will make things easier for everyone.

7. Do not insult each other in front of the child

It is important not to use mean words when talking to your ex-partner or when you gossip him/ her to others. It is your child’s parent and they will feel hurt.

8. Meet your ex – partner from time to time

It is understandable that most of you do not want to do that but it is important to meet with your ex – partner from time to time to talk about your child, their progress in school, changing terms and so on.

9. Do not always be the rule setter

Rules should be provided by both parents and compromise should always be a priority.

10. Let your child take their things to your ex – partners place

Do not forbid them from taking them their things saying that you bought them and they should only use them while they are at your house. You will break your child’s heart.

11. Agree on pickups and drop-offs

That is why it is important to create a plan and have a calendar that will keep things up to date.

If you need any professional help, contact Davies family lawyer.

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4 Common Myths About Child Support

If you are contemplating separating from your spouse or partner and have minor children, you may have heard some myths about child support and have general concerns.

Myth #1: The parent that earns the most always pays child support.

While it might seem this might seem true, it is not always the case. This is because the family courts consider different factors when determining which parent will pay child support. For example, if the parent, who earns the most, has the majority of parenting time with the children, they may not have to pay child support.

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How Are Parenting And Contact Orders Different From Custody And Access?

On March 1, 2021, there was an update to the terminology used for child custody and child access orders. Part of the reason for the change is many felt the terms custody and access made it sound like children were property and something parents owned.

The new terminology reflects a change that aligns with the child’s best interest and parents’ responsibilities in caring for them. Existing and new custody and access orders are now referred to as parenting and contact orders.

What Is a Parenting Order?

A parenting order is a family court order which stipulates which parent has decision-making responsibility for the children and how parenting time will be shared between the parents. Custody is now referred to as decision-making authority and parenting time. Access is now referred to as parenting time.

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Child Support & Child Visitation: Why The Courts Treat Them Differently

When going through a divorce with minor children, you and your ex-spouse will address the issues of child support and child visitation. Far too often, divorced couples assume that child support and child visitation are tied to each other.

However, as they often find out, after being taken back to court, they are mutually exclusive and separate Orders. As such, the courts will treat child support and child visitation differently. To better illustrate why we will review a few different scenarios below.

Scenario #1: The custodial parent is refusing visitation because child support is not being paid.

This is a common occurrence that arises when the non-custodial parent is not making child support payments, under-paying, or making payments late. The custodial parent can get upset and decide to punish the non-custodial parent by not allowing access or visitation with their minor children.

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When Is It Better To Litigate A Divorce?

As you proceed through your divorce, you can attempt to reach your divorce settlement agreement using various methods, including mediation, arbitration, and collaborative law. While these types of alternative dispute resolution (ADR) can be beneficial in certain cases, they may not always be the best approach for reaching an agreement.

Sometimes, it can be in your best interests to forego ADR and rather have outstanding matters litigated in court. There are specific situations where litigation is a better choice to ensure you receive a fair divorce settlement:

• High-Value Divorces: If you and your spouse have investments, substantial cash savings, own multiple homes, or own a business, litigating the division of assets results in you receiving your fair share.
• Prevents non-disclosure of or hidden Finances and Assets: Litigating a divorce will uncover all finances and assets. This is especially important if you suspect the other party will attempt to hide finances and assets to avoid having to divide them equally.

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