Professional Family Lawyers – Divorce Proceeding:
Divorce is a term used when a couple decides to get separated. Besides separation, countless issues and problems emerge. Some common issues which are related to divorce, such as child custody, child access, division of assets and benefits, etc., including all these significant issues, can affect one person’s life. However, our family lawyers have enough knowledge, legal information, and experience to help you in such complicated matters through every phase of the family separation (divorce) process.
Types of divorce:
There are a few types of divorce, and it is essential to know every kind of separation and how it proceeds the procedure. Therefore, rules and regulations of Family Law will govern all the separation cases. These are mentioned below with in-depth details.
In this type of divorce, many issues and problems arise when spouses do not agree with each other. This situation leads them to significant issues like division of land property, child support, custody issues or spousal support, and many more. Moreover, this type of divorce is primarily seen in cases where couples have children and land properties and have been married for many years.
The procedure will involve multiple meetings with your lawyer and judges and appearing in court. The contested divorce’s process steps are:
- Reviewing the options with detailed discussion.
- Making an application for separation.
- The legal requirement of service must be followed.
- Getting a response within 30 days.
- Documents of financial statements like debts, incomes, expenses, and assets.
- The First court date will be notified.
- The case conference with judges and parties.
- Motion means if you need a temporary order like child custody for a week by the court.
- The trial will take place when both parties fail to resolve their disputes.
Such a type of contested separation needs to be settled because the parties differ on a few issues in divorce. Many ways can settle the uncontested divorce, like settlement outside the court. However, the contested separation could be more time-consuming and expensive compared to unanimous.
In this type of divorce, the couple must consent to file a joint application for separation. Both parties will agree to the divorce and agree to work together. This kind of settlement includes all divorce aspects like land property division, child or partner supporting problems, custody and being a parent issue and all of the liabilities incurred by partners during their marriage. The online application form filling is available in Ontario.
The most necessary thing is passing one year from the first date of divorce to the start of separation proceedings. Whether the spouses stay in the same place, the separation decision will be finalized. The requirements for joint divorce are mentioned below:
- Complete application of separation from both parties; papers should be signed and dated.
- For divorce affidavits from both parties, the front pages of the testimony should be signed and dated by the commissioner.
- Order of separation and all concerns mentioned.
- A copy of the marriage certificate will be attached (English or French translation required).
- In case of a missing marriage certificate, an affidavit for separation will be needed.
- If one of the candidates from a couple is requesting child custody, a claim for possession of a child affidavit will be needed.
- Statement of financial matters.
- Order of deduction.
- Deduction supporting order form.
This required documentation will be submitted to the court, and the processing time will be up to 1 to 2 months. After that period, the court will declare the final separation order, and a certificate of divorce will be issued according to the spouses’ request.
A simple separation/divorce means that if the single party files the separation forms with a single claim of divorce, it will be referred to as a simple divorce or a simple uncontested separation.
With a simple separation, you can file or apply for this divorce option online without going to court. It may require a few documents that are mentioned below:
- Original marriage certificate (translated if other languages are used).
- Simple Application.
- Both parties should live separately for at least one year.
- Affidavit of services.
- Divorce order.
Once the order is mailed to you, the separation will take effect on the 31st day after the judge signs the date of divorce. After that, you can go to court and ask for an original separation certificate.
Recognition of Foreign Divorces:
In this type of divorce, the Separation Act governs the recognition of foreign separations—one of the parties needed to be a temporary resident in a specific country before getting the divorce. A person can re-marry after successfully recognizing foreign separation.
The process of recognizing a foreign separation is simple, and the required documents should be submitted to the Register General office; the list is mentioned below:
- A person and a new partner jointly complete the application for a marriage license.
- Copy of separation order or original (translated).
- Sole responsibility is a statement by a person and a new partner.
- Legal opinion letter by a lawyer.
Therefore, these documents will be submitted and after that, the authorization will be assigned by the registered general for getting the marriage license. A person can be now eligible to get married again