How To File For Divorce in Mississauga?

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 is 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 and 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 an 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 dispute.  The marital home (or “matrimonial home”) is something each spouse has equal rights to, no matter which spouse is the owner of record.  Moving out is irrelevant.  Once divorced, the spouse that is not the owner of 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 any more.

There are so many more issues of great importance when getting divorced in Canada.  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.

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