Tag: uncontested divorce Ontario
How To Handle Child Custody In Uncontested Divorce
If you have decided to have an uncontested divorce, you will ease your financial and emotional burden. But if you had a child together, you may wonder how your child custody will be handled. In uncontested divorce Ontario, both parties don’t struggle to display the willingness to work together concerning their child. That way, it becomes impossible to lose child custody. The key to having winning child custody is to know that children in a divorce need a supportive environment.
Making Arrangements For Your Child Custody In Uncontested Divorce
Dealing with child custody in an uncontested divorce is beneficial, not only to the child but also to the parents. When parents don’t fight when making an arrangement about how children will be supported, who will be the custodial and non-custodial parent or any other custody issues, they also have peace of mind. But even if both parties seem to agree on child custody issues, it’s better to have the below factors in mind:
· An uncontested divorce can become contested: Your divorce can turn out to be contested divorce after being uncontested. For instance, both parties may find it hard to cooperate during the mediation process. As such, they may be forced to have a judge interceded to make decisions for their divorce. That’s why it’s important to speak with a divorce lawyer who is conversant with child custody issues.
· The judge must approve the custody agreement: Even if your divorce is uncontested, you must make arrangements based on the child’s best interest. With direct communication, parents can work in the best interest of the child. If the judge deems it fair for both parties, he/she will approve the child custody agreement.
Going to court to have child custody issues resolved seems to be the last resort. Thus, parents are always encouraged to have arbitration or mediation in cases where there are conflicts.
Uncontested Divorce Benefits Your Child
When parents calmly solve issues, this maintains a very strong bond even if parents want to divorce. An uncontested divorce is always a unique experience for children when they see their parents have the willingness to work together. If a child detects that one parent has negativity towards the other, this might negatively harm them. Once you have reached a consensus for your child custody, you don’t have to take the matter to court. Instead, you ask your lawyer to help you file court forms concerning the agreement you’ve made about child custody. Remember that the judge has to approve the agreement before issuing your final divorce.
You will need a divorce lawyer Toronto because every uncontested divorce is different from another due to:
· The number of children involved and their age. The process may be more
straightforward if you have one child or a minor.
· The property owned by one or both parents.
· Whether both parents are financially stable,
· When both parents are self-supporting.
Even if you have planned for an uncontested divorce, you can choose to have a lawyer handle your case by reviewing your custody agreement and assisting with any paperwork needed.
Exclusive Possession of The Matrimonial Home
There are many elements of divorce that do not fall into a specific category but need discussing all the same. Some of these topics include issues relating to exclusive possession of the matrimonial home. This article will discuss this area of divorce and its impact according to Canadian law.
One of the biggest areas that couples come to loggerheads is when it comes to the matrimonial home. According to the Family Law Act in Section 18 the matrimonial home is defined as “every property in which a person has an interest and that is, or, if the spouses have separated, was at the time of separation ordinarily occupied by the person and [their] spouse as their family residence”. Most of the time couples feel strongly about the matrimonial home because of the sentimental value it has. Bearing in mind that the matrimonial home is where the family may have lived together for many years and as a result, it is this property that contains most of the happy memories the couple and family have shared. That being said, it is important to know and understand your rights under the law in order for your divorce process to go ahead smoothly when it comes to the matrimonial home.
To begin with, it must be noted that neither one of the spouses is allowed to order the other out of the matrimonial home. This basically means that you cannot kick your spouse out, change the locks on the door or force them physically out of the house without a court order or by agreement. As such, when spouses are constantly arguing with one another this can be trying. However, if the parties can come to some form of agreement about who will be at the house at what times or what periods, it helps lessen the stress associated with the divorce as it proceeds.
When it comes to the matter regarding who will have exclusive possession of the matrimonial home it must be noted that both spouses have equal rights to come into and out of the house as they please. This is regardless of which spouse owns the house. However, in unique instances a judge may take away the right from one party to come and go as they please, in and out of the matrimonial home. While these instances indeed are unique, one spouse cannot get the court to kick out another spouse just to be given exclusive possession of the home. There must be serious circumstances surrounding the necessity to do so, such as domestic violence. Therefore, simply being annoyed by your spouse or that the divorce is creating a stressful situation or environment is not enough of a reason to warrant being granted exclusive possession of the matrimonial home.
As such, you and your spouse may need to live together even though you are going through a divorce. If your Toronto divorce lawyer advises you not to move out it may be a good idea to get separate rooms and keep your distance.