There are multiple ways to seek out a divorce, the differences can be with the law, such as fault or no fault divorces or the way you and your spouse approaches it, such as contested, uncontested or default.
No matter how the divorce proceeds, all divorces end up being expensive and time consuming. It’s most important how you and your spouse put the anger aside and cooperate on the larger issues such as your children and money. The better you are together the less challenging the divorce will be, because this will involve great changes for the children especially when the changes in family structure, and the more amicable the divorce case the better it will be for your bank account as well. You’ll know you found the right Toronto Divorce Lawyer in the process when the divorce lawyer just doesn’t have their interest in mind, when they want the best for you and your children, during the divorce proceedings. This should always be the most important situation for you, your spouse and the judge when making the decision on custody issues.
Types of Divorces
Summary
Spouses, who haven’t been married long and don’t have children or many assets or debts, file together
In most provinces an expedited divorce procedure is available to couples who have been married for fewer than 5 years, don’t own much property, don’t have children and don’t have significant assets or debts together. Both spouses need to agree on the divorce and the papers must be filed jointly in court. These types of divorces can be done yourself, by getting the papers to file in the family courts without the aide of a lawyer.
Uncontested
An uncontested divorce is one where you and your spouse file papers jointly and agree to the terms of the divorce and make it happen. There won’t be any trials or court appearances. Instead you file forms on how you’ve agreed on the division of assets and debts, your custody agreements and if support payments will be made. In these cases the judge will usually approve the judgements unless he feels it’s unfair to one side.
Default
One spouse files for divorce, the other doesn’t respond. In a default divorce the courts will grant a divorce by default, if the other spouse doesn’t respond. The divorce is granted even your spouse doesn’t show for the court hearings. This occurs when the spouse left is unknown where to be found.
Mediated
Trained, neutral mediator helps spouses work out settlement agreement without court fight. In a mediation divorce, a neutral party often called a mediator sits with you and your spouse to come to an agreement on all the issues involving your divorce. The mediator doesn’t make the decision but helps facilitate the communications, it’s up to you and your spouse to come to an agreement.
Collaborative
Each spouse hires lawyer, but everyone agrees to settle out of court using negotiation and fourway meetings. You and your spouse each hire lawyers who will work together to get the case settled. You each have a lawyer on your side. You all agree to meet with the lawyers and disclose everything allowing the lawyers to work on finding common ground for all parties involved. You also agree that if collaboration doesn’t work, you and your attorneys will withdraw and new attorneys will be hired in the process as the case goes to the courts.
Arbitrated
Spouses hire private judge to hear evidence and decide contested issues outside of court. In arbitration both you and your spouse agree to hire a private arbitrator, usually a judge to make the same decision as a state appointed judge, that you will both agree to honor the decision. Arbitrations are usually fast, efficient and cost effective.
Contested
Spouses hire lawyers and fight out issues at trial. When you and your spouse can’t come to an agreement on properties, child custody you take these decisions to be decided by the judge, where you each hire lawyers. There are usually no juries in divorce trials. Most trials will usually last a couple of days at the most.