What Potential Clients Should Expect
Understand how divorce cases are addressed, from start to end, including how we may be of help in resolving your case.
The First Consultation
Many people experience anxiety when they decide to pursue a divorce and make the initial call to a divorce lawyer. By contacting a divorce lawyer and setting up a session, you do not formally decide to leave your partner. Yet, speaking with a lawyer might only be the start of a drawn-out process of information collecting.
It’s never that serious, so relax and let us help you. As every marriage is different, it’s common to assess your circumstances and choose the best course of action. If you ever find yourself in this scenario, our divorce lawyers are available to assess your case and provide guidance.
At the initial meeting, we will go over your options and provide you with information you need to make a decision. Whatever you tell our lawyers be kept in the strictest confidence; this is required by law.
If you choose to file for divorce, it’s imperative to consult with a skilled and experienced family lawyer—call (416) 862.0980 to set up an appointment with one of our family lawyers. You can also get in touch with us online.
The Next Actions to Be Taken
Couples seeking a divorce in Guelph or Kitchener may choose to settle their disputes out of court through mediation or by collaborative law. Although a settlement is often more beneficial, M. & Co. Law Firm has encountered many clients who are unable to settlement without going to trial. Our team of seasoned lawyers can assist you in making the best choices to resolve your divorce case in a cost effective and expedient manner.
While many divorce cases are settled outside of court, you may need to file an application. If reaching a fair settlement becomes a challenge, our lawyers often recommend this course of action. It can also be common to start with one resolution strategy but find yourself needing to shift gears to another. Attempts at negotiation in a divorce case can quickly escalate into a situation where a fair, respectful, and effective resolution is no longer possible. A good divorce lawyer will stay flexible and may recommend legal action if you’re in this situation
Collaborative Law Explained
If you want to get a divorce but don’t want to deal with the uncertainty, stress and expense of going to court, you should consider collaborative law. Our family lawyers believe that this process can be an excellent choice for clients because it reduces the time and stress associated with reaching an agreement.
At the end of a successful collaborative law process, there is always a legally binding agreement. The ex-partners agree to work cooperatively and in a non-adversarial way to resolve their issues, with the assistance of skilled collaborative lawyers and third-party experts.
First and foremost, both parties must agree to compromise and work togetehr to succeed.. Each side must retain a lawyer with specific training in collaborative law.
The parties may also retain a family professional when there are children involved. Typically, they’re social workers paid on a retainer basis. Often time this cost is covered by the client’s benefit plan. When there are children involved, professional support is an important part of the process. The social worker may also set up a meeting with the children and conduct a friendly interview with them so they have a voice in the process.
The parties may also consult with a financial professional who will help them gather the required financial data before any discussions can start. Signing a contract expressing their agreement to deal in good faith and forego a court trial procedure is a requirement for participants in a collaborative law process.
Collaborative lawyers and professional neutrals will schedule a meeting – without the spouses present. The objective of the meeting is to determine the course of action. Afterward, the entire team, spouses included, will meet at a later date for a mandatory sit-down. The negotiating parties will then address any issues during this session. To maximize efficiency, it is best to start with the less complex matters and then move on to the more difficult ones.
After the initial meeting, the legal professionals involved will set up another session (without the spouses present) to recap and discuss what needs to be done in the next one. This will keep happening until a resolution is established and all issues have been taken care of.
When all that is sorted, the lawyers create a legally binding document for review. Once the parties have signed it, then the collaborative law process is considered finished. The most noteworthy advantages of this process are saving time and money that would have been spent on court proceedings as well as keeping any private information away from prying eyes.
The Average Duration of A Collaborative Law Processes
Time and money are two major considerations when you have chosen the collaborative law process. Given that every person is different and must navigate their unique set of challenges, the length of the collaborative process can vary. How well the couple and the collaborative team work together will have a significant impact on the efficiency of the process and the cost savings it can achieve.
When there are kids involved, the couple needs to do whatever they can to keep their co-parenting relationship amicable, and this is an excellent option for doing so. Using collaborative law during a divorce has been shown to lessen the emotional strain on everyone involved.
Especially in cases where one or both spouses are in immediate need, collaborative law may shorten the time it takes to divide up the family’s assets. The legal process can be time-consuming, expensive, and emotionally draining.
Additionally, when you and your partner join forces with professionals, you and your kids gain more say over your future. Working together gives you more control over the outcome, and the time it takes to decide while going to court increases the risk that a judge will make a decision that isn’t in your or your ex’s best interests or the best interests of your children.
The duration of a collaborative law case is usually between 12 and 15 months, and the cost can be anywhere from $20,000 to $30,000. However, the final price tag and time frame will be determined by how cooperatively the parties can solve the problems at hand.
Common Divorce Types in Guelph Kitchener
There are two types of divorces — contested and uncontested divorce.
Divorces are considered “contested” when the spouses cannot agree to settle all of the issues arising from their separation which may include parenting time, parenting decision making, child support, and any financial responsibilities that arise as a result of the divorce. Even if both parties agree on every other issue regarding the divorce except one, a contested divorce may still arise over that one issue.
Controversial divorces are typically challenging to manage when children are involved. When a married couple can’t agree on how to end their marriage, it can lead to a contentious divorce and possibly even litigation. The commonly contentious issues include:
- Child support
- Financial assistance for spouses
- Parenting challenges
- Custody challenges, particularly parenting time
- Sharing of matrimonial property
Getting a divorce in court may not be necessary, even if it is contested. If you prefer to settle the dispute without going to court, you can still do so.
Our divorce lawyers can initiate the Court process for a court decision if mediation and preliminary settlement negotiations are unsuccessful. A trial is rarely pursued unless all other options have been exhausted due to the high cost, lengthy duration, and emotional toll that accompany them.
Divorce can be relatively simple and uncontested if both parties can agree on the issues being resolved. If both parties in an uncontested divorce agree that the marriage should end and the issues have been resolved, the divorce can be submitted to the Court and finalized administratively without further court attendances.
If one spouse is served with divorce papers and does not respond within the required time, the divorce is considered uncontested, and the parties are presumed to have reached an agreement on all issues presented in the petition.
An uncontested divorce can be less stressful and more cost-effective than a contested divorce because it does not require the services of a lawyer to go to Court and to resolve the issues between the spouses.
Frequently Asked Questions
It’s important to remember that how you conduct yourself during a divorce case will have a lasting effect on the final resolution and your relationship with your former spouse and even your children. To keep things from getting more complicated than they already are, you should refrain from doing things like:
- Discussing the details of your split on public platforms like social media.
- Discussing the details of your split with your children.
- Introducing a new partner to your children to prove to your ex that you’ve moved on.
- Purchasing or selling any major assets before an Agreement or Court Order is obtained. The division of assets, an essential part of the divorce or separation procedure, may be negatively impacted.
- Keeping information from your lawyer that could be relevant to your case.
- Intense emotional reactions can make the process more difficult, which can attract unfavourable results.
In other words, when should you involve a lawyer for help with a divorce? You should talk to a divorce lawyer as soon as possible. The sooner the better you get correct legal information, the less stress you will experience. This could be when you notice problems in your marriage or if your spouse requests a divorce.
The process can be made much more manageable and with less stress, with the help of the information you obtain in an initial consultation with a lawyer. Involving a lawyer early on facilitates skilled management of the divorce process. To avoid hitches during the divorce, it’s best to get in touch with a lawyer as soon as possible.
The costs and emotional toll of a divorce can be significant. Therefore, a competent legal professional is essential to represent your interests. Simply put, you need a lawyer who will look out for your best interests and explain your legal options. Find a lawyer who will be an asset, who will listen to your goals and to provide you with information so you can make informed decisions and one who will be there for you every step of the way.
There are several factors you should take into account when hiring a divorce lawyer to make sure they are the best fit for your needs:
- Inquire about their area of specialization in law. Have they worked on divorce cases like this before?
- The ability to communicate effectively is crucial. Inquire how they intend to communicate throughout the process.
- Inquire about the difficulties, if any, your lawyer foresees in your case.
Investing time and energy into finding a competent lawyer can have a positive impact on the final outcome of your divorce case.
The goal of collaboratively family law is to allow those who are in the middle of a divorce or separation, to work in a collaborative manner with …
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At M & Co. Law Firm we understand the importance of finding the right fit for your representation. We take the time to get to know our clients and create a strategic plan that will help them to move forward and make a positive change in their lives. Get in touch so we can learn more about your goals and how we can help you reach them.
Anna-Marie Musson, Managing Lawyer – Toronto
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