Filing a divorce can be rather stressful for anyone for a number of reasons. Divorce is an emotional and hard decision for any couple who may have envisioned a happy life together. For whatever reason, when things complicated, and divorce is the only way out, many couples are clueless about what should be the right approach.
In Canada, little is discussed about how to find the best civil lawyers for a divorce proceeding and how to proceed correctly. Many couples who come to us don’t know where to start when they want to fill for a divorce.
Filing divorce-Ways & means
Once you and your partner have decided to officially end a marriage, it is time to decide the course of proceedings. If there are no complications like common property, business or co-parented children, the divorce becomes easier. However, in an event of any mutual disagreement concerning matters of property, children or money, couples may have to wait a considerable amount of time before the divorce decree is finally granted by the judge. There are basically three ways to filing a divorce. Depending on your personal condition, you will have to choose the best one for you. Here are the three ways to initiate filing:
Joint Divorce Application
A joint divorce application means that both the parties intend to get a divorce. Corollary issues such as child or spousal support, financial matters, the joint property may be dealt with in this type of application, so long as both the parties are agreeing on all the claims in the application. This option can be used if the parties have entered in a separation agreement pertaining to the other corollary aspects of their relationship or have no corollary issues.
Contested Divorce Application
A contested divorce application is when either of the parties is not in agreement with divorce or any corollary associated with it. In this type of divorce, one party serves notice to the other party to which response should be initiated within 30 days (or 60 outside North America). The divorce becomes contested if the opposing party files their responding documents within the 30 day limit.
Uncontested Divorce Application
An uncontested divorce application is not a separate divorce application per se. When one party files for a divorce and the spouse does not respond or file an answer with documentary evidence within the stipulated 30 day period, the divorce becomes uncontested. Once the time has expired, the court assumes that the opposing spouse does not contest the divorce and the divorce becomes “uncontested.”
Generally, divorce orders become effective 31 days after being granted. In countries worldwide, if you have been married legally, you will have to wait until the divorce certificate is granted to marry a new partner. Though this is just a gist of the divorce process, getting the right documents, finding the best defence lawyer and getting things done in an organized and time efficient manner can be daunting.
For more information on how to get your divorce in a stress free, timely and efficient way call us today at Verhaeghe Law Office 587-410-2500 – we are a reputed law firm specializing in divorce and other civil lawsuits. Feel free to visit our homepage by clicking here.
