Representing you if you require divorce litigation in Oakville
Where divorces are disputed and no resolution can be reached, even with the intervention of mediators or lawyers, divorce proceedings invariably end up in court.
In such cases, experienced divorce litigation lawyers are required to protect your interests and to seek an outcome that best reflects your wishes.
Even divorces that seem to be amicable and smooth at the onset of the divorce process can end up in a long court battle. Emotions run high and it is challenging to reach a resolution that is acceptable to both parties.
It is always best to engage a well-qualified Oakville divorce lawyer as early as possible in the process.
A lawyer with considerable experience in litigating divorce cases will bring greater peace of mind at a time that is so testing for the families involved.
We are experienced Oakville divorce litigators who can help you navigate the legal processes with more confidence.
Why do divorces become contested?
In an uncontested divorce, no court attendance is necessary.
A lawyer may be required to mediate and to ensure that the agreements reached are legally binding before they are approved by a judge.
However, in many cases, negotiations do not run as smoothly as anticipated and there are areas of dispute.
Usually, in these cases, the two parties will be unable to reach an acceptable agreement on one or more of the following key areas:
- Division of property: how will assets (money, property, shares, vehicles, etc.) be divided?
- Payment of debts: who is responsible for the outstanding debts (mortgage, etc.)?
- Child custody: which parent will make important decisions? which parent will look after the children and how often can the other parent visit?
- Spousal support: how much is required to support a spouse after the marriage ends?
The contested divorce process in Oakville
Firstly, note that a divorce in Oakville will only be granted if you meet three basic requirements, according to Canadian federal law:
- You and your spouse are legally married under the laws of Canada, or under the laws of another country and that marriage is recognized in Canada.
- Your marriage has broken down.
- You or your spouse have lived in Ontario for a full year immediately before making your application (except for certain non-Canadian residents who married in Canada).
Marriage breakdown means:
- You have been living apart for one year or more; or
- Your spouse has been physically or mentally cruel to you; or
- Your spouse has committed adultery.
If you meet these requirements, it is time to seek the advice of a divorce lawyer. A contested divorce will usually go through the following steps:
- Completion of the relevant divorce application forms for Ontario (you or your lawyer can do this)
- Filing of the Application with the Ontario Superior Court of Justice and payment of the government fee
- Service of the Application to your spouse
- Receipt of your spouse’s Reply (response to your Application within 30 days)
- Attendance at the Mandatory Information Program
- Attendance at a case conference, which is a case management and/or resolution meeting between the parties, their lawyers, and a Judge
- Motions (temporary rulings) are usually requested when there are issues like child custody or child and spousal support involved, in order to cover the period until the trial ends
- Attendance at a settlement conference and/or trial management conference (much like the case conference earlier)
- The trial begins and a Judge issues a ruling on all remaining issues between the parties
Note that, if there are children involved, the Judge’s first concern will be the welfare of the children.
Also note that, with the aid of lawyers acting as negotiators, a contested divorce may not require a trial.
This can save considerable time, legal fees, and stress.
How long does a divorce trial take?
Whereas an uncontested divorce can take as little as two months, a case involving divorce litigation can take years.
In most cases, where the outstanding issues include property division, spousal support, and child custody, many months are required to resolve and/or obtaining a ruling on the issues because family courts are extremely busy.
Once the judgment is made, the Divorce Order will be signed by the judge and the divorce agreement is finalized.
When should you contact a divorce litigation lawyer?
In some cases, there is no obvious solution acceptable to both parties. Litigation is the only way to settle.
This is especially so where children are involved, the marriage lasted many years, and considerable assets were accumulated.
Resolutions in such cases are extremely challenging.
Early help from an experienced divorce litigation lawyer is irreplaceable as you try to navigate the complexities of a desirable family law resolution.
That is why it is important to engage a divorce lawyer as soon as possible in the process.
Contact an experienced Oakville divorce litigation lawyer
Amiri Family Law has accomplished divorce litigators.
We have represented many couples involved in divorce disputes in Oakville and throughout the Greater Toronto Area.
We know how important a favourable outcome in a divorce trial is for you. It will allow you to move on with your life with a sense of relief, and positivity for the years ahead.
Start with a consultation. From there, we will guide you through the divorce process to settlement at mediation or trial.
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