1. What is the Difference Between Separation and Divorce?

While divorce and separation may seem similar, they are in fact quite distinct. Separation occurs when a common-law or married couple decide to live separately and apart. Common-law couples can go through a separation, but as they were never married, they do not need to go through a divorce.

Undertaking a separation is the first step of getting divorced, and married couples that have been living separate and apart for at least one year can then file for divorce. Once the divorce has occurred, they are no longer legally married and can then remarry, while a separation does not legally dissolve a marriage.

2. When can I File for Divorce, and How Long does it Take?

Once you and your spouse have been separated for one year, it is then possible to file for divorce. The divorce process can take some time, so you should not expect that after one year of separation has passed that you will be divorced.

Processing times for divorce cases can vary on several factors, including the complexity of division of assets, child custody agreements, and the emotions of the spouses. Generally, for the divorce process to be finalized it will take from 6-10 months.

3. Who will Get my House?

In the case of a divorce your assets will need to be divided, including your home. The property that a married couple purchases or lives in during their marriage is called the matrimonial home. Each spouse is equally entitled to the matrimonial home, and the spouses will need to come to an agreement on whether they will sell and divide the profits, or if one spouse will remain in the house. This can be a complicated process that can be facilitated with the help of a divorce lawyer.

4. What if my Spouse Doesn’t Cooperate?

You may find that throughout the divorce process, your spouse does not wish to cooperate, and you may enter a dispute. This is not uncommon, as emotions tend to run high, no matter how amicable a split. There are several ways that you can resolve disputes with your spouse, including engaging in alternative dispute resolution. This can include mediation, arbitration, and negotiation. These avenues should be explored before involving the court in order to save both parties time and additional costs.

If your spouse refuses to cooperate and is unwilling to provide necessary information such as financial disclosure, there are additional actions that you can take. To learn about the options if your spouse refuses to provide financial disclosure, contact the lawyers at Brace Law.

5. Do I Need a Lawyer to go to Court?

While you do not need a lawyer to undertake a divorce, it can be a complex procedure and it is recommended that you consult with a lawyer. Working with a lawyer can help you better understand your rights and obligations throughout the process, can help to ease your stress, and can help to negotiate a more favourable settlement. Having an experienced divorce lawyer on your side is a valuable asset and can help you move smoothly and efficiently through the divorce process.

If you are considering a divorce, we hope that this information has helped you better understand the process. If you have additional questions or need more information on divorce proceedings, contact the family lawyers at Brace Law. Our team of family lawyers can represent you in your divorce proceedings, making you feel confident in the process. For more information on Family Law, visit our Family Law FAQ to have your questions answered. With Brace Law, you can Consider It Handled!

We serve our clients in English, Italian, Albanian, Arabic, Punjabi, Farsi, Hindi, Malayalam, Tamil and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees.

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It is very important that when you tell your relationship story to your lawyer, provide the full picture: be complete, honest and truthful. Do not leave out any information and provide evidence and proof. Your lawyer needs to know what information needs to be put into the application especially if children are involved. The application needs to be very detailed in terms of children including child custody, child access and child/spousal support. Dates are especially important because a timeline allows a judge to understand the information and have a better understanding of your side of the relationship.

If court proceeding has not yet started, your divorce lawyer will submit an application and you become the applicant. If court proceeding has started, you have a set number of days (usually 20 days and you can ask for an extension of 10 more days) to respond to the application and you become the respondent in the matter.

It cannot be stressed enough how important it is that your lawyer knows in detail your relationship history. This way, your lawyer can better represent you in front of the judge. Whether you are initiating an application or responding to one, the judge is not asking you questions. They are reading the affidavit and trying to understand your perspective especially if you’re asking for certain things like child access, child support, primary residence, spousal support and a division of the property.

Another matter that is extremely important and you have to be consistent with, is the separation date, when did the relationship end. If the partners involved dispute the separation date, you will have to provide proof to actually show when the separation did occur.

Another thing that is also very important is the disclosure of the financials from both partners, you and your ex-partner, because we will be asking for support whether it’s child support or spousal support.

There will be a lot of communication between lawyers, your partner, as well as a judge present. There may be a lot of temporary orders issued. Although it’s best to avoid a trial, this depends on how severe your family case is.

Filing for Divorce or Separation, Custody & Access, Child Support, Division of Assets? We Can Help. We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees. For more details, call us at 905-815-6555 or email admin@bracelaw.ca

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