Category: Simple Divorce
How To File For Divorce in Mississauga?
The love and excitement of marriage sometimes wears away. And sometimes the end of a marriage can be difficult and contentious. This is why you need a Divorce Lawyer in Mississauga to make sure items such as finances, custody, access and the division of property are handled in a way that it fair to you. Even if you are in agreement on most issues, the use of an attorney to make sure these issues are properly handled is also important.
Divorce in Canada typically boils down to “contested,” where you have to fight over one or more important issues, and “uncontested,” where you and your spouse agree on dividing your assets, child custody, access, or other issues. In the latter situation, a “simple divorce” is available to save you time, money, and aggravation. But there are still many rules and regulations, which is why it is important to retain a Divorce Lawyer in Mississauga.
Such a Family Lawyer will inform you that you can apply for a divorce yourself and, if your spouse fails to (or chooses not to) respond, it should be granted without an issue.
If you and your soon-to-be-former partner agree to divorce and how to divide assets and care for the children, you can apply jointly for an uncontested divorce and create terms for how these issues will be dealt with.
Even in this amicable situation, utilizing the services of a Divorce Lawyer in Mississauga is important because Ontario still requires a divorcing couple to meet certain criteria. For example, you must have had an actual marriage ceremony and now be able to prove that the marriage has ended. To do this, prove that you are no longer living together, you are sleeping in the different beds, or other related proof. The failure to show this may make it more difficult to obtain a proper order of divorce from the court.
What if you were married in a religious ceremony? Here, you may also need to obtain a religious divorce, something not done through the courts. Instead, your place of worship or religious organization must be contacted and the religious divorce applies for there, something that may vary from faith to faith. Although not often relevant to the Canadian divorce process, without the religious divorce, you may not be able to marry again in that religion.
Dividing assets often leads to disputes. The marital home (or “matrimonial home”) is something each spouse has equal rights to, no matter which spouse is the owner of the record. Moving out is irrelevant. Once divorced, the spouse that is not the owner of the record may still be able to share in the value of the home. However, you may still lose the right to stay in the home as you are not married anymore.
There are so many more issues of great importance when getting divorced in Toronto. Whether it pertains to children, finances, personal property, jewelry, automobiles, or other matters, the failure to seek advice from an attorney is something that can lead you to a path where you are not properly protected.
Keeping Your Divorce as Painless as Possible
It would be great if marriages lasted forever. It would also be great if you could just walk away from your spouse and call it a day. But in Ontario, as well as the rest of Canada and most of the world, your marriage isn’t over until you obtain a divorce order from the court. There are mechanisms in place that permit a Simple Divorce In Ontario, so that ending your marriage can be simple, efficient and less costly than a drawn out legal battle.
Let’s face it, if your spouse does not want to divorce, or does not agree on dividing your assets, child custody and access, or other issues, you are likely to be in court going through the mess of a “contested divorce.” But a Simple Divorce In Ontario is possible going through an “uncontested divorce.”
One simple way to get this done is to apply for a divorce yourself and, if your spouse does not respond, it will likely be granted without an issue.
Also simple is the situation where you and your partner agree to divorce and how to divvy up assets and care for the children. In such a case, you can jointly apply for an uncontested divorce and come up with terms for how these issues will be dealt with.
Even if you are in agreement, Ontario requires a divorcing couple to meet certain criteria. First, you must have had an actual marriage ceremony and that the marriage has now ended, something demonstrated through not living together anymore, not sleeping in the same bed, etc. If you cannot show this, it may be difficult to obtain an order from the court.
Even when you have an uncontested divorce, you may also need to obtain a religious divorce. This is not done through the courts, but rather from your place of worship or religious organization, something that varies from faith to faith. Often times, without the religious divorce, you may not be able to marry again in that religion.
When it comes to dividing assets, the marital home (or “matrimonial home”) is something each spouse has equal rights to, no matter who the owner of record is. Even if you move out, you retain these rights. However, once you get divorced, if you are not the owner of record, you may still have the right to a share in the value of the home, but you lose the right to stay in the home, because you are not married any more.
These are just a couple of considerations that must be contemplated when seeking to divorce in Ontario. Of course, there are issues regarding children, finances, personal property, jewelry, automobiles, and more. The best way to get through this process as easily as possible is to attempt to agree and apply for a simple divorce. If you cannot, it may get expensive and emotionally exhausting.
Contact us today for an experienced divorce lawyer Toronto.
Mixing Business and Divorce
Business and Divorce
While the law views a marriage as a partnership, some married couples have a similar view and as a result decide to run businesses together while married. When divorce is on the cards many couples are unsure whether to remain in business with their partners or dissolve the business entirely. This article will discuss some factors to take into consideration when deciding to stay in business with your ex-spouse.
A 2007 Census Bureau estimate showed that about 3.7 million businesses are owned by married couples, therefore, the implication is real in respect of divorce process when it comes to business owning couples being faced with complicated decisions, both business and personal, if they decide to end their marriage.
It must be noted that working together after divorce is an admirable goal, however, it may not be a realistic one for many divorcing couples. Generally, a divorce is an emotional and contentious matter due to a number of reasons. This is because during a divorce a couple has to divide assets, such as the marital home and properties, they need to agree on child custody, visitation and alimony. And as a result divorcing couples do not see eye to eye on these issues especially where considerable assets are involved. This is especially true in respect of contested divorce litigation. While many judges would say that divorces do not belong in court, due to the number of issues that couples are not able to agree upon a contested divorce can turn an already strained relationship sour. A number of people may argue that a trust relationship in a marriage is not exactly the same as the one in business; the element of trust is essential in both respects. As a result re-cultivating a relationship of trust after a divorce may lead to business failure.
It is important to note that a divorce can be contested or uncontested. It must be noted that a contested divorce is when the spouses disagree on some or all the issues within the divorce. In a contested divorce both parties must set out their positions and views on the issues in dispute. Contested divorce may be settled in a number of ways such as outside of court, through negotiation or through formal divorce procedures. However, an uncontested divorce is where both parties agree to separate and are able to reach an agreement as to all the details in respect of the divorce.
When parties cannot agree to the terms of a divorce the parties try and reach a settlement outside of court. Where a settlement fails, the couple proceed to trial where a judge will make the decision based on evidence and testimony. Given the already contentious process of negotiating the terms of a divorce, adding in a business that needs running can really complicate matters. Divorced spouses often have a hard time maintaining a civilised relationship and as a result of trying to run a business together it puts a real strain on both parties as well as the business itself.
Looking for a trusted Toronto Divorce Lawyer? You can have a FREE consultation with us at DivorceGo.
Courtroom Etiquette and You
Courtroom Etiquette
For some, divorce is an expected outcome while for others it takes them by surprise. Such a life changing situation has its own effects on the divorcing parties as well as on the children who are involved in the divorce. There are a number of reasons why marriages end up in divorce. In cases, where a divorce goes to court the one constant element is the judge. And as such, it is important to know what the judge expects in his court room. This article will discuss tips on how to conduct oneself during divorce proceedings carried out in court.
One of the first things any divorcing party needs to realize is that, it is important never to disrespect the courtroom, whether such disrespect is directed to your spouse, the staff and/or especially the judge. It must be noted that where the judge forms a negative opinion about you it is very difficult to change their mind especially without a lawyer on your side.
One of the first things to realize is that first impressions count. Therefore, from the moment you step in front of the judge, he or she forms an opinion about you and this is created by your appearance. From the manner in which you dress the judge is able to tell whether you respect the office he or she holds and represents and whether or not you respect the courtroom. It must be noted that your appearance speaks volumes about your marriage. Thus it is important to keep in mind that the courtroom is a formal place, therefore, it is necessary to dress appropriately.
Another aspect that falls under the issue of being respectful while in the courtroom is not disrupting the judge as this is disrespectful. Further, by all means resist the urge to tell the judge what to think. It is important that you bear in mind that the judge is an educated and intelligent person whose experience gives him or her the advantage of reading between the lines and discerning the truth of the matter. Further, like any other person no one wants to be told what to think. However, it must be noted that a lawyer is given some leeway in telling the judge what to think as lawyers are educated in the law.
Another aspect that must be noted is that the judge wants you to negotiate and settle issues on your own and frankly has no intention of telling you what to do with your life. Therefore, when making requests it is necessary to be reasonable as this goes a long way with the judge; as reasonableness always works in the direction of settlement.
One thing that sets a divorce apart is the presence of a top Toronto divorce lawyer who specializes in divorce in Ontario. Lawyers have a lot of experience with judges and as such they are familiar with certain judge’s personal attributes as well as characteristics and personality. Therefore, this allows lawyers to know how to base their arguments in a way that speaks to the judges and bears positive light on you and your case.
Equal Sharing of Net Family Property
In order to successfully end a marriage there is need for debts and assets of the marriage to be divided between the marital parties. Upon separation or divorce each spouse is entitled to what is termed and equalization of net family property. The equalization will be carried out for any couple who go to the court for the division of property as opposed to spouses who decide to settle and share the marriage’s net family property between themselves privately for a simple divorce Ontario. Any spouse can apply for equalization from the court in accordance to the Ontario Family Law Act at any time after separation has begun.
Under the Family Law Act, Ontario’s property equalization scheme is called the deferred community of property regime. The deferred community of property regime basically means that when two people enter a marriage each spouse is automatically entitled to an equal share of the profits of that marriage. According to the Family Law Act inherent in the marital relationship each party to the marriage gives an equal contribution to the marriage and hence once the marriage is broken down and there is a divorce the Family Law Act provides that there ought to be an equal sharing of what the parties to the marriage put into the marriage. The Family Law Act seeks to provide for an equitable sharing between the parties to the marriage and this is done so as to compensate the spouses fairly for their equal contribution to the marriage for its duration. Therefore, the assets acquired during the spouse’s marriage are to be divided between the two parties to the marriage equally.
However, while the contribution to the marriage may have been equal there are some circumstances that may see one of the parties to a marriage actively work at depleting the contribution made by themselves as well as by their spouse. When such a circumstance arises this begs the question if both parties to the marriage are still entitled to an equal share of the profits of their marriage despite the actions of the spouse who worked at depleting such profits? The answer depends on the facts surrounding the circumstances that resulted in the depletion of the net family property value or profit. Some actions that have resulted in the court giving an unequal sharing of the net family property are discussed below:
- Reckless investing – this is where a spouse may have been involved in deceit and various acts of financial misconduct designed to hide his or her reckless investments from the other spouse. For example, in respect of the stock market. Thus in order to make such investments a spouse goes so far as to forge the signature of the other spouse and use the other spouse’s credit cards without his or her knowledge. And further, actively works at trying to hide the family’s financial affairs from the other spouse and suffers capital loss as a result of the investments.
- Spending to feed one’s addiction whether alcohol or drugs and thus results in the depletion of the profits of the family.