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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