Divorce and Separation in Ottawa
AGB Lawyer’s Approach to Divorce and Separation
Deciphering the legalities of divorce and separation can be challenging, especially if you are not familiar with the laws and procedures in your jurisdiction. There are often many complex legal issues to consider, and navigating these issues while seeking a fair resolution requires the legal assistance of an industry-leading family lawyer, such as the professionals at AGB Lawyers.
Grounds for Divorce
The definition of a marriage breakdown is outlined by the Federal Divorce Act, which states that a marriage has broken down if one of the following grounds has been established:
- Separation: You and your spouse have been living separately and apart for at least one year prior to the divorce proceeding.
- Adultery: Your spouse has committed adultery, and you find it intolerable to continue living with them.
- Mental or Physical Cruelty: Your spouse has treated you with mental or physical cruelty, and you find it intolerable to continue living with them.
Breakdown of Marriage
It’s a common misconception that there are various reasons for separation and, divorce. In Canada, there is only one recognized ground for divorce: the breakdown of a marriage. The breakdown of a marriage occurs when the relationship between spouses has deteriorated to the point where it cannot be repaired, and the marriage should be ended.
Being Served with a Divorce Application
The spouse who is served with the divorce application has the option to file a response, in which they can agree or disagree with the terms of the divorce. If the responding spouse fails to file a response the court may proceed with the divorce on an uncontested basis.
Divorce Hearings
If the spouses are unable to reach an agreement on the terms of the divorce, the court will hold a hearing and make a decision on the issues in dispute. This may involve ordering the parties to attend mediation or ordering a custody and access evaluation.
Finalizing a Divorce
Once the court is satisfied that the requirements for a divorce have been met and all issues have been legally resolved, it will issue a divorce order, which legally dissolves the marriage. This process may take several months or even longer, depending on the complexity of the case and the availability of court dates.
The Importance of Experienced Legal Representation
The legal process of divorce and separation can be confusing and overwhelming, with numerous forms and documents to complete and various deadlines to meet. It is important to have experienced legal representation to guide you through the process, assist with negotiations and mediation, and advocate on your behalf to help you reach a resolution that is in your best interests.
Understanding Separation
Separation refers to the act of a couple separating, either by mutual agreement or by one spouse leaving the family home. Separation does not legally end a marriage. In order to obtain a divorce, a separated couple must be living apart when commencing the divorce proceeding and must have continued to live apart for at least one year by the time the divorce proceeding is finalized. Additionally, one of the partners must have resided in Ontario for at least one year prior to the application for divorce by a family lawyer.
The Separation Process
The separation process does not require legal action or documentation. However, if a couple is separating and they have children, property, or other assets to divide, they may consider entering a legal separation agreement. A separation agreement is a legally binding document that outlines the terms of the separation.
Understanding Divorce
Divorce is the legal process of terminating a marriage. To be granted a divorce, one spouse must apply to the court and provide evidence that the marriage has broken down irretrievably. Once a divorce is granted, the marriage is legally ended, and the spouses are free to remarry.
The Divorce Process
To begin the divorce process in Ontario, one spouse must file a divorce application with the court, which will then be served to the other spouse. The divorce application must be accompanied by a certificate of marriage and a statement of claim for divorce, which sets out the grounds for divorce and any other relief being sought.
Experience You Can Trust
The modern Family Law Court is designed to facilitate settlements and focused use of the Court’s resources (notably Judge’s limited available Court time). The lion’s share of Court applications is resolved without an adversarial hearing.
Our many decades of experience hone our recommendations with specific estimates and litigation opinions which may make a vast difference in truly assessing the law model and the merits of your case.
AGB Lawyers Divorce Services
Divorce is an emotionally strenuous event that can be even more stressful without adequate legal backing protecting your rights and interests. Fortunately, the family law experts at AGB Lawyers have a thorough understanding of divorce proceedings in the province of Ontario and are dedicated to utilizing their legal knowledge to ensure our clients navigate the legal process with confidence.
What Is a Divorce Lawyer?
According to federal and provincial regulations, any divorce and separation procedure must be guided by the Divorce Act and/or Family Law Act. Family lawyers who specialize in divorce and separation matters must not only be knowledgeable about the Divorce Act and the Family Law Act, but also capable of mediating and/or negotiating disputes to ensure a favourable outcome during this stressful process.
Experienced Representation with AGB Divorce Lawyers
AGB Lawyers is a reputable firm providing high-quality legal assistance and representation in family law since 1996. Our experienced divorce lawyers have a deep understanding of the intricate legal issues that arise in divorce cases and provide our clients with the skilled representation needed to achieve a successful outcome on their cases.
The Types of Divorces
Divorce proceedings can occur in two manners: contested and uncontested; in other words, amicably or not. In most divorce cases, a marriage will end without certainty about what the future may hold. There are often unresolved issues, properties requiring legal division, and child support and custody arrangements to be settled.
- Contested Divorce
A contested divorce is one where the parties are unable to reach an agreement on one or more issues, such as child custody, child support, spousal support, or the division of assets and debts. If the parties are unable to reach an agreement, they may need to go to court to have a judge make a decision for them. A contested divorce is typically a lengthier process requiring a significantly higher amount of expenditure, depending on the complexity of the case. - Uncontested Divorce
An uncontested divorce is the best-case scenario. In these types of divorces, the parties are able to reach an agreement on all issues. An uncontested divorce can be obtained more quickly and at a lower cost than a contested divorce, as it does not involve court proceedings.
In Canada, in order to obtain an uncontested divorce, the parties must file an application for divorce with the court and include a separation agreement that outlines how they have agreed to resolve the issues. The court will then review the agreement to ensure it is fair and reasonable and grant the divorce. - Challenging Divorce Proceedings
In Ontario, if you wish to challenge a divorce, you will need to do so in the province where the divorce was granted. You can challenge the divorce on the grounds that the divorce was obtained fraudulently or that the divorce court did not have jurisdiction to grant the divorce.
The Cost of a Divorce Lawyer
The cost of a divorce lawyer in Ontario can vary widely depending on several factors, including the complexity of the case, the lawyer’s experience and reputation, and the amount of time that the lawyer expects to spend on the case. It is important to note that the cost of a divorce lawyer can add up quickly, especially if the case is contested or involves complex issues such as the division of property or custody of children.
Consult With an Experienced Divorce Lawyer
If you are in need of legal representation in a divorce case, you can trust the reputable divorce lawyers at AGB Lawyers to provide you with the guidance and support you need. Contact our family law experts to schedule a free consultation with an Ottawa divorce lawyer.
Trust Our Family Law Professionals
AGB Lawyers aims to ensure that all matters are resolved in accordance with the interests of our clients regardless of the duration of the divorce process. We will exercise all available resources to advocate for your interests during mediation, negotiation, or litigation.
To discuss the protection of your rights and to understand your obligations in the event of a divorce, contact our family law experts at AGB Lawyers for a free consultation today.