Whether you are in dispute with your spouse over many, one or no issues, there are many procedural and legal requirements that must be complied with in order to obtain a proper divorce.
There are different types of divorce. Sometimes, the soon-to-be-ex spouses want to “battle it out.” However, not every divorce is so acrimonious. Instead, there may be affection and respect, even though there is no longer love. In these more positive situations, it is still important to hire a divorce lawyer Brampton to ensure that any arrangement created between the spouses is properly done so that it can be enforced if there is ever a disagreement and so that the divorce will be granted by the appropriate governmental agency. If the parties are able to agree on most—if not all—issues, the “uncontested divorce” process is available in Ontario to make the divorce process as smooth and friendly as it can be.
In Brampton, as well as the rest of Ontario, no matter how amicable it may be, there still must be a process filed to ensure that the court issues the documents required to officially end your marriage. A divorce lawyer brampton will know that to achieve this you must (a) have been legally married in Canada or any other country, (b) you will permanently separate from your spouse or already have done so and you do not believe there is any chance at reconciliation and (c) at least one of you has resided in Ontario for at least 12 months prior to applying for divorce.
Unless you have been legally married, Canada’s “Divorce Act” does not apply to you. However, there is still the process of “separation” for those who were not legally married but still want the same or similar protections as those offered to divorcing couples. In the “separation” process, spouses agree to live apart and do not intend to reunite, they can still negotiate a “separation agreement” to resolve issues related to items such as child custody, access and support which, under Ontario law, will still be enforceable.
To achieve an official divorce, it is required that you prove items such as (a) you and your spouse have lived apart for one year and consider your marriage over, (b) your spouse committed adultery and you have not forgiven your spouse, or (c) your spouse has been physically or mentally cruel to you such that you find it impossible to continue living together.
To commence the actual divorce process, a spouse must (a) complete a divorce application, (b) submit the application in an Ontario courthouse, (c) pay the required fees and (d) follow other rules and procedures.
A divorce lawyer is available to make sure all these criteria are met and every form and procedure is properly completed and followed.
In cases where the spouses desire to—and are able to—complete a divorce in an amicable way, an “uncontested divorce” is available and just as effective. Indeed, with the stress and emotion of severe disputes absent, obtaining a divorce in the uncontested manner is simple, quicker and equally effective. The issues contemplated in uncontested divorces, as with their contested counterparts, include every issue a court would have to deal with including, but not limited to the distribution of finances and assets, custody, access and support.
Upon completion of the divorce application packet, it must be filed it with the appropriate government authority. When this is done, the assigned government officer will (a) assign the case a court file number; (b) place a court seal on the Application; and (c) provide a Registration of Divorce Proceeding form to fill out. When this latter document is completed, it is then sent to the federal Department of Justice to make sure no other divorce applications by the same parties have been registered. As long as this check comes back clean, the Central Registry of Divorce Proceedings will issue a Clearance Certificate.
Upon issuance of the Clearance Certificate, the entire package of documents must be served on the other spouse and any other necessary parties who may have an interest in any of the property owned by the spouses. As long as no objections are issued, the government agency will finalize the divorce. While this might seem like a complicated process, it typically takes only several weeks, whereas a contested matter is not likely to be completed for many months or even years, depending on the severity of the disputes.
Whether you are in dispute with your spouse over many, one or no issues, there are many procedural and legal requirements that must be complied with in order to obtain a proper divorce in Brampton or anywhere else in Ontario. Failing to hire a lawyer to assist with this could lead to complications in the future, whether it be with your ex-spouse, children, tax authorities, or more. For these reasons, be sure to seek and retain lawyers to make sure everything is done the right way.