Representing Clients During Divorce Proceedings in Mississauga and Throughout Ontario
Divorce can be a difficult process for anyone, even if spouses agree to end the marriage. In addition to the emotional aspect of a divorce, you also must engage in an often complex legal process, as well. At Amiri Family Law, our goal is to guide you through every step of this process in the most efficient manner possible so that you can look forward to a new future in the most positive light possible.
Whether you are considering a divorce or your spouse has already applied for one, do not hesitate to contact experienced divorce lawyer Nima Amiri. Consultations are free, and we can discuss your options and how Amiri Family Law can help.
Getting a Divorce in Mississauga
While spouses can choose to live apart, legally ending a marriage requires additional legal action. One spouse must apply to the proper court for a divorce, and the court must grant the divorce. The applying spouse must cite a specific reason for the breakdown of the marriage, which must be one of the following:
- The spouses have been living separate and apart for one year or longer
- Cruelty by a spouse
- Adultery by a spouse
Most cases are based on the spouses living separately for at least one year. If this is the basis for your divorce, it is important to note the following:
- The one-year requirement must be met by the time the divorce is granted, and you can apply for divorce prior to being separated for one year.
- Living separately does not require that you live in separate residences. To determine whether spouses qualify as living separately, the court will consider a number of factors, including whether they stopped spending intimate time together, sharing finances and household chores, whether a spouse started a new relationship, and more.
- The law allows you to take up to 90 days during the separation period if you want to try to reconcile the marriage. This reconciliation period does not affect the separation requirement or require you to start the one year of separation over.
An experienced lawyer can review your situation with your spouse and advise you whether you will likely meet the separation requirement for a divorce.
The Divorce Process
Once you or your spouse apply for divorce, you will need to resolve a number of issues before the court will grant the divorce. These issues include:
- Property and asset division
- Spousal support
- Child custody and access
- Child support
The issues you face will depend on the specific circumstances of your marriage. You and your spouse may reach an agreement regarding these issues on your own or the court may have to resolve them for you. A skilled divorce lawyer can help facilitate negotiation or mediation to encourage an out-of-court resolution whenever possible. If you cannot agree, a trial will be necessary. Once the court is satisfied with the resolution of all relevant matters, it can grant the divorce.
Types of Divorce
There are two primary types of divorce in Ontario – uncontested divorce and contested divorce. In an uncontested divorce, the spouses agree to get divorced and the terms of the divorce, such as how to divide property and child custody. They sign a separation agreement, which the court will review. Generally speaking, uncontested divorces are simpler and quicker, with less stress and cost for the spouses.
A contested divorce means that the spouses do not agree on one or more terms of the divorce. In this situation, divorce lawyers can help resolve the terms, but the court may also have to intervene. It is important for divorcing spouses to consult with a lawyer even if they have an uncontested divorce. A lawyer can help to prevent unnecessary delays or costs during the process.
Call to Schedule a Free Consultation with an Mississauga Divorce Lawyer
At Amiri Family Law, we work with spouses facing separation or divorce in the Mississauga area. We strive to obtain the most favourable outcome in every case so you can start over post-marriage in the best possible position. We have consultation offices conveniently located in Oakville, Milton, Brampton, and Burlington, so you do not have to travel to Mississauga to meet with an attorney. Call our office today at 647-792-2961 or send us a message online to set up a free one-hour consultation.
Nima is someone highly committed to his clients and shows a strong understanding of the law and litigation. He is someone that I would trust with sending my friends and family to for important legal matters. Highly recommended.
Nima is one of the brightest and most dedicated individuals I know. He’s a fantastic lawyer and an even better person, and I would recommend his services and advice to anyone who needs a true professional in their corner.
Nima is always available to answer all of my questions. He provided me with thoughtful responses and was incredibly knowledgeable.
Nima is the most dedicated lawyer I know. He cares a lot about his clients and is deeply committed to defending their rights, working tirelessly to do so. I haven’t seen anyone who works as hard as Nima and I would wholeheartedly recommend him and the Amiri Law Group to anyone.
An honest, trustworthy, and incredibly hard-working lawyer. One of the best.
I highly recommend Amiri Law Group. Knowledgable, personable, and trustworthy.