Divorce is the dreaded D-word, isn’t it? Few go into a marriage planning on divorce. Most are sincere when they promise to death do they part. However, some circumstances happen to where divorce seems like it’s the most logical option.
Answering the question as to whether or not going through a divorce is worth is not easy. It’s all situational. Some marriages are abusive and divorce should happen. Other divorces are due to fixable issues such as poor financial planning or miscommunication, which may be able to be fixed through online counseling and a slow repair of the relationship.
However, even when divorce feels like it’s worth it, there are going to be consequences to the entire family. Here are just a few of them.
If both parents are working, this means that the parents may have to live off a single person income for a while. This drastic change in income can be a bit of a shock, especially if you have attorney’s fees, court fees, and all the other costs that come with a divorce. Some divorces are settled amicably, but the messier a divorce, the more financial impact it has. This stresses out both parents and the kid as well.
When a divorce happens, everyone starts becoming tribalistic. Friends of one parent will start hating the other. Family feuds happen. Even the child may feel like they must pick a parent, as they probably have to hear their mother complaining about their father, or vice versa. If there are multiple children, you may have a case where one child picks mom and the other picks dad.
There are legitimate reasons to pick one parent over the other, but often, there are not. Sometimes, one party is entirely at fault, but oftentimes, both have some blame in it. However, many people do think they are the hero in their own story and don’t own up to their mistakes too.
The Children Blame Themselves
Children do not understand why their parents get a divorce. They believed that their parents would be together forever, and seeing them separate is a punch in the face from reality itself. Often, the children will think they were at fault. They may think about every time they made their parents mad, or caused their parents to argue, and wonder if that’s the reason.
As parents, you must stress to your child that divorce is never their fault. Also, don’t ever try to blame the other parent unless there is an abusive situation going on. Instead, try to explain the divorce in a rational way that a child can understand.
Changing in Behavior
After divorce, the entire family may change in behavior. The children could be more aloof than they were beforehand. The parents may go through a phase where they are casually dating, and may bring home people your kid won’t accept. The parents themselves may act differently towards the child. Rarely does the status quo happen with divorce.
Consider it Carefully!
Again, we are not saying divorce is inherently a bad thing. Sometimes, relationships need to end, whether it be because of abuse, irreconcilable differences, or other reasons. If you feel like you’re only together just for the sake of the kids, the marriage may not be ideal. However, some parents are quick to jump the gun and divorce when their marriage is salvageable. Couple’s therapy can help repair the spark. Setting up a budget can prevent financial difficulties. Counseling can help with miscommunications. Always think before you divorce, as the consequences are immense and it takes a long time for life to return to normal.
Accepting the fact that you are getting divorced is really traumatic. After mentally preparing yourself for the divorce, the next important thing is to find an attorney. Making an appointment with a lawyer is generally a very emotional experience for many. Being in a relationship, you probably never wondered about going to an attorney’s office for ending up your relationship.
It is very important to consult a good lawyer, but how do you figure out who is a good lawyer? Here are a few important and precise questions that you can ask in order to choose the right and knowledgeable attorney for your case. Remember that the lawyer you pick will get linked with you and your relationship with your kids and your properties. So, make sure you choose the right one.
#1 Ask how much experience does the lawyer have in the divorce law?
There are many lawyers who practice more than one law. It is not a bad thing, but we advise finding a lawyer that specialises in matrimonial laws is wise. For instance, if you have a problem in your arm, then you would better prefer going to orthopaedist than general physician. Moreover, ask how much experience does he have in this field because you don’t want someone who is just starting out.
#2 Ask how much will it cost?
Ask your attorney to give you a rough quote on fees and a list of services included. The experienced lawyer will be able to offer detailed information about the procedure and the cost of each step. Most lawyers charge on an hourly basis, so don’t be afraid to ask about their billing structure. If you are looking for affordable divorce lawyers, then you may seek through By Discount Codes where you can find plenty of deals for legal services.
#3 Ask if he will work on your case personally or not?
Many lawyers have paralegals hired who are responsible for carrying out every day working on your file. The good thing about having an associate or paralegal work on your file is they charge significantly lower price than the attorney. Often lawyers only touch your file during the process.
#4 Ask if they prefer to proceed legally or attempt to settle?
Every lawyer tackles the case in his/her own way. Some lawyers love to fight in the court and want to win, while others believe in settling the case amicably. Going to the court is not always the best option. A lawyer who is honest and fair will first try to amicably resolve your case, and suggest to fight in the court only if there is no choice.
#5 Ask your lawyer to give you a plan for handling your case
Talk to your attorney to provide you with the overall strategy for handling your case. This will ensure that your lawyer is active and not just reactive, which will save your money and time in the long time. The lawyer may change strategy if required, but the overall objectives should not change.
Thus, when you consult any lawyer, it is your chance to get clarification of your questions. If your lawyer says that you don’t understand, ask him/her to explain you again.
Divorce, legal separation, annulment – such terrible words. It usually means that there were disappointments, misery, and extended legalities involved. Although facts and figures provide that marriages ending in divorce is declining, it is still very common, and nobody is ever really prepared for it. No one ever really foresees their marriage crumbling down while they exchange their vows of love in front of God and of all the people. Even though a handful of lawyers are specializing in divorce – you can easily google a divorce lawyer in your state, for example you can type in a family law attorney in Charlotte, NC and then names of qualified lawyers will pop up – still, no couple would even think that they will ever need a divorce lawyer and go through a messy divorce in the future.
Divorce happen due to disastrous affairs. Furthermore, the reasons that marriages come up short and end in separation are not really different with each couple; rather, they are ordinary and happen very much of the time.
Listed are the most well-known reasons that lead to divorce.
Successfully solving problems is indeed a product of a good and effective communication. And in a relationship, communication encompasses and can just talk about everything and anything under the sun; sex, cash, birth control, et cetera.
Each and every marriage seems to have its highs and lows; it is not just love and respect that can help a couple get through tough times. It is also the willingness to sit down, simply talk about what does and does not work, and settle down on a decision to start moving forward. If couples are completely comfortable talking with their partners and if they always had this history of getting past major problems and obstacles and not really getting caught up in thinking and looking back – then there is a pretty good chance that they are in for a perfectly happy, healthy, and long-term relationship.
Nobody is ever hoping and praying to start a fight. Nobody is dreaming about arguing. But what married couples may not always see as they took a look in their foreseeable future is how easily money could come between the marriage.
For a marriage to be happy and blissful, financial goal of each of the spouse be considered and making sure that both couples are on the same page when it comes to spending money. If the couple does not seem to see eye to eye on how they should handle their finances, sooner or later they will be starting to seek legal advices from a divorce attorney.
Lack of Consideration
If one spouse shows a distinct lack of concern about the other’s particular needs or wishes, a number of problems may very well inevitably arise. The unwillingness to share responsibilities at home or not helping to take care of the children, irresponsible spending of money and deeply offensive habits are all examples of disregard.
Another example for lack of consideration is to allow family members to meddle in a marriage. A spouse’s family member may try and influence anything from home refurbishing to what they think the proper way of rearing a child. This may cause resentment to the offended spouse. If the marriage then has been irretrievably broken due to long standing resentment or tension, then it is best advised to seek help from a divorce attorney who will help understand the choices that a spouse have.
Change of Priorities
While it is true that priorities change over time, nothing should come first before the family. When a spouse starts to prioritize his or her work, catching up with friends, hobbies or anything else that can infer from the concern of the family or activities, it can burden the other spouse which may later cause sadness and resentment.
There are a lot of forms of addiction. It can be substance abuse such as alcohol, illegal substance, and even those prescription medicines. One could also be addicted with online pornography, online games and gambling. The fixation with social media can also result to an addict-like behavior. These types of addictions have the ability to destroy a marriage. An addict may go to rehab and attend support groups, but more often than not, the married couple will have a struggle to survive the pain that was caused by his or her partner being an addict.
Cheating, adultery, concubinage are the topmost reasons why married couples go through a divorce. More often than not, romantic and sexual unhappiness tends to lead a spouse to stray. But a partner or spouse may still continue to seek sexual satisfaction outside of the relationship for a lot of reasons. For example, a couple may have sex on a regular basis, but if a partner feels rejected or ignored, they may look for the connection that they are seeking for form another person. On the other hand, the sex may fine, but the relationship is dull, boring and excessively predictable. In this case, the husband or the wife may tend to enter an extramarital affair because they want to seek the excitement that it brings.
Divorce is something that nobody would like to ever be involved with, yet tragically, there are still a lot of couple going through this. While feelings, hurt and bitterness, tend to magnify during this critical time, it is vital to be level headed in making decisions as this will greatly affect the future.
Child custody, division of real and personal properties, spousal support – these are just to name a few of the burdens that the couple faces when facing divorce. Therefore, it is imperative to contact a divorce lawyer who will enable to guide all throughout the divorce process and protect the spouse’s interest during this emotional turmoil. It is best to seek a divorce lawyer that one can easily contact and personally see and talk to make thing easier. Getting a lawyer in the same state where one seeking the divorce resides is recommended. Take for instance if you live in North Carolina, a family law attorney in Charlotte, NC is the best option for you to seek guidance for during the entire process of the divorce.
Did you know there are over 800,000 divorces in the United States every year?
It’s no wonder that with so many people getting divorced they are looking for ways to cope and help it from getting too messy.
Divorce is commonly known to be messy with several things like child custody taking center stage.
Keep reading to learn how to file for divorce safely and smoothly.
4 Legal Tips on How to File for Divorce without It Getting Messy
Keep in mind that every state has its own legalities when it comes to divorce. The most ideal way to get a divorce is if both parties agree that this is the best option in their situation and go to the courthouse and fill out the paperwork, sign, and done. Some couples end up making the decision to go through with a legal separation instead of a divorce because they feel its best.
Most cases aren’t this simple but even if you’re not happy with the decision your divorce can still go smooth. If there are kids involved you want to make sure that they suffer as little as possible during the entire process.
1. Uncontested Divorce
This is the smoothest way to go through a divorce. It’s when both parties reach an agreement without having to go to court. Yes, there can still be arguments in the beginning but if the couple is able to get past their difference and reach an agreement this is the smoothest route because it will be the quickest and least expensive.
Uncontested divorces don’t go through a long drawn out process of trials making it quicker for both parties to move on faster.
2. Prepare Finances Ahead of Time
When you know you’re going to file for divorce start preparing all finances ahead of time. If you have a joint account you might want to close it and open two separate accounts. Same goes for any savings accounts.
You can begin your research for the process to change your will to get that prepared ahead of time. Taking care of finances will make for a smoother divorce.
3. File Online
If your state and county allow you to file online this might be the best option for you. It’s less expensive and less emotional than going into a courthouse to sign paperwork. This option is best if you’re both in agreement to the divorce.
Thanks to technology this is an option nowadays.
4. Meet with a Lawyer
Before filing for a divorce contact a lawyer especially if your divorce is complex and you have children involved. A lawyer has the expertise and knowledge to guide you through the process and make sure everything is done legally. Family law is complex and sometimes laws change annually which is why contacting a lawyer is best in family cases where a couple can’t come to an agreement.
Keep Your Head Up
During difficult times like a divorce, it can be difficult to make it through each day. With all the emotional baggage that divorce brings to the table, it can be overwhelming, to say the least. When learning how to file for divorce in your state of residency there are ways to go through the process as smooth as possible.
If you’re looking for a family law attorney make sure to check out our listings to find the perfect one for you.
In America, 40-50% of marriages end in divorce. In other words, only half of all marriages make it the distance.
Depending on the situation with you and your spouse, a divorce can be an incredibly long and painful event. However, amicable and peaceful divorces are not unheard of.
Regardless of the terms and conditions of your divorce, there are some critical things you must do immediately after filing for it.
If you find yourself filing for divorce, we highly recommend you take these seven steps.
1. Hire a Competent Divorce Attorney
Due to the vast complexities of laws surrounding divorce, the most important thing you can do while filing for divorce is to hire a competent attorney.
In some scenarios, the separation process is so amicable and smooth that a divorce attorney isn’t necessary. However, that can quickly change as soon as disagreements arise over assets, custody, etc.
Having a divorce attorney from the beginning is a good idea to ensure everything works out as smoothly as possible for both sides.
Learn more about types of divorces and what a divorce attorney can do for you before moving any further in the process.
2. Change Your Will
As soon as you know you are filing for divorce, it’s a good idea to start making changes to your will.
While it may sound bleak, accidents happen all the time. Depending on the conditions of your divorce, you may not want your ex-spouse to have any access or privileges to assets in your will in the event of your death.
A divorce doesn’t automatical amend your will to exclude your ex-spouse.
3. Understand Your Financial Situation and Assets
Filing for divorce comes with a lot of changes. One of the most tangible changes is to your financial situation.
You need to immediately start figuring out what your finances will look like once you are separated. This includes mortgage/rent, car payments, and what assets each person is taking.
Additionally, if you own any businesses, you must take steps to protect it during the divorce.
4. Close All Joint Accounts
While redefining your financial position, ensure you and your spouse begin to close all joint accounts. These include checkings, savings, credit cards, stocks and bond, IRA accounts, etc.
This can require especially difficult maneuvering, especially when dealing with a resistant or confrontational spouse.
5. Decide Your Living Situation
Before or immediately after filing for divorce, you need to start figuring out your living situation.
Who’s going to keep the current home/apartment? Can you afford to live by yourself or do you need to find a roommate or move in with friends or family?
It’s pertinent for your sanity and well-being that this is a priority.
6. Don’t Lose Your Integrity
Perhaps one of the most difficult challenges when dealing with a messy and inflammatory divorce is keeping your cool.
After filing for divorce and throughout the entire process, you must maintain your integrity. Be the better person, even if they are being the exact opposite.
Remember, everything you do can be brought up and used against you. That includes any wild nights, DUIs, or any other poor decisions.
7. Discuss Custody Options
One thing to consider while filing for divorce is what will happen to the kids.
Psychologically speaking, divorce can have severely negative effects on children. How you and your spouse handle divorce and custody matters can make all the difference.
Think of the children first. Don’t speak poorly about your spouse or try to persuade them to take sides.
However, you and your spouse must figure out schedules and custody.
Filing for Divorce Can Be the Best Thing for Your Family
As we discussed, filing for divorce can be a very painful and even traumatic experience.
However, it really can be the best thing for your family. There’s a reason people get divorced. If they’re not happy together now, they will probably never be.
Just remember to handle it as professionally and gracefully as possible, especially if children are involved.
2.3 million couples wed every year in the US. Unfortunately, half of them will likely end up in divorce, according to research. Divorce in subsequent marriages is even higher at 67% for the second, and 73% for third marriages.
While we all want a “happy ending” to our marriage, the reality is that it may not happen. And even if it is physically and mentally tormenting, divorce may be the best solution to a dwindling relationship.
But divorce itself is another painful process. There’s just so much to consider – the kids, your properties, your finances, and your business which is your most valuable financial asset.
Divorce proceedings are also very expensive. From filing the petition to getting settlements, divorce can cost you $15,500 on average. Of course, the cost shouldn’t hold you back from ending an unhealthy marriage. You can always find financing help, such as payday loans online for divorce costs.
How to Protect Your Business from Divorce
You know it – it’s never easy to put up a business. It takes blood and sweat. You most likely spent countless hours and sleepless nights creating a perfect business model and spent most if not all of your savings to it. Little you know, once you file for a divorce, your spouse may be entitled to as much as 50% of your business. That hurts, especially when you’re the only one who worked hard for it.
Perhaps the last thing you want to happen is for your former spouse to become your business partner. So how do you protect your business against the consequences of a divorce?
Hope for the best but expect the worst
No couple gets married thinking that they will end up in divorce. While you must hope for the best, you should still anticipate the worst possible scenario especially if you have a lot of financial assets. Take note that the business you started prior to your marriage is considered ‘individual property’, not a ‘shared property’. However, any increase in value during the course of your marriage may be considered marital property and therefore can be subject to equal distribution in a divorce. The best way to protect your business from divorce is by creating a prenuptial agreement. It allows you to determine your pre-existing assets and prevent your spouse from any claims over it in the future.
Consult an attorney
Know your state laws concerning valuation and division of marital property during divorce. It always pays to consult a good lawyer to make sure that you understand the bits and pieces of the said laws, and know what to do when the worst-case scenario happens. If you’re already going through a divorce proceeding, the more you will need an attorney who will find ways to protect your business. There are various options to ensure that your ex-spouse doesn’t get a hold of your business even if you lack premarital agreement and your lawyer should be able to find the best one.
Have your property evaluated by a third-party
Usually, the court appoints a valuation professional to determine the business’s value (which is often based on a 10-year projection of growth or revenue). Such valuation is very important if you opt to buy out your ex’s share in the business. So a crucial step is to hire a third-party organization to ensure the accuracy and fairness of the valuation.
Give up other assets in exchange for full business ownership
In case you don’t have enough money to buy out your ex’s share of the company, you have the option to trade off other assets to gain full business ownership. Such assets may include your other investments, equipment, corporate stocks, and other valuable possessions. Additionally, you may start building your own personal assets as soon as possible especially when you start noticing that your marriage is dwindling. As a precaution, you should be able to raise enough funds to pay a large sum of money or make monthly repayments to your ex so you could have full ownership of your business.
Remove his involvement in your business
Did you know that the amount of time your spouse spent in helping you build your business can be used to justify his/her share in your company? It doesn’t matter whether your spouse is holding a minor role in your company. Removing his/her involvement is one of the best ways to protect your business against divorce claims.If you want to protect your business against the devastating consequences of divorce, consider these steps. Your business is one of your most valuable financial assets. It took you blood and sweat to build and grow your company. The last thing you want to happen is to see your business fall into the hands of your ex-spouse after your divorce.
Divorce is one of the hardest things children can be subjected to. Parents are too emotionally distressed to realize that the divorce is also taking a toll on their kids. Consequential effects of divorce on children include anger, emotional distress, low self-esteem, rebellion and deteriorating performance in school. In the long-run, if not properly addressed, divorce can cause children to have a negative attitude towards marriage.
If you are in a marriage and you find yourself in the middle of a divorce, it is advisable to follow these strategies in order to ensure children adapt well to the new situation.
- Be honest: Both parents should have a sit-down with the children and explain to them what is really happening and what they should expect. Communicate in simple terms but be as straightforward as possible. Avoid sugar-coating things. We would very much want to avoid a scenario where the children lose trust in their parents because they were lied to.
- Assure your children of your love: Most often than not, children tend to blame themselves for their parent’s divorce. They think if they were obedient and did everything that was asked of them, their parents would still be together. This is never the case. In such scenarios, parents should be quick to assure children that they are not at fault and they still love them unconditionally.
There are times where one spouse may not follow through agreements. Other times, they may exhibit a lack of commitment towards spending quality time with their kids. The other parent should reassure the children that all that lack of commitment has nothing to do with them or their behavior.
- Be more involved in your children’s affairs: During the divorce, children will hurt, be sad, and others will regress. Adolescents may exhibit violent behaviors and be unscrupulous. With the rise of modern technology, these children may sort after social media sites and other Internet websites as an escape from reality. On the Internet, they are prone to dangerous things like cyberbullying and pornography. It is the duty of both parents to protect them from such dangers. Even if it means installing a parental control app on their children’s digital devices.
- Maintain consistency: Both parents should work around the clock to ensure their children maintain 90% of their normal routine. Stick to normal bedtime routines and the likes. In the case of indiscipline, punish the same way you would have before the divorce and reward the same for good behavior. The familiarity and stability, especially during the first few months, will ensure a smoother transition.
As stated earlier, divorce is difficult for everyone. The above is just but a tip of the iceberg. There are other crucial things like parents being civil around each other, not blaming each other, and accommodating each other’s schedules. This process should be taken one step at a time and before you know it, your children will have adapted very well to a new way of life.
Have you, like nearly 50 percent of American married couples, recently gotten a divorce?
Going through a divorce is an incredibly stressful process, even if your divorce is an amicable one. Things get even harder, though, when your ex decides that they’re not going to follow the divorce decree that was laid out in court.
If your ex is not following the decree, you don’t have to just accept their behavior. There are a lot of things you can do to ensure they start to comply. Start by following these guidelines.
Basics of a Divorce Decree
First things first, let’s go over some of the basic information you need to understand about your divorce decree.
The divorce decree is the final step in the divorce court proceeding. It contains all the information you need to know about the court’s decision regarding your divorce.
It’s important to note that a divorce decree is different from a divorce certificate.
A divorce certificate is meant for record-keeping purposes. It proves that you are legally divorced from your ex. A divorce decree, on the other hand, is an enforceable court order that both you and your ex are supposed to follow.
Issuing the Decree
Your decree will be issued after you have had your trial or after you and your ex have gone through mediation and submitted a settlement to the court.
If you have a trial, the judge will weight evidence and testimonies and make decisions regarding custody, alimony, property division, and child support. All of these decisions are laid out in the decree.
If you and your ex settle your case yourself, you’ll still have to submit that settlement to the court in writing or as a spoken record.
The judge will then review your settlement and decide if it is fair. If the judge decides it’s fair, they will issue a decree including all the terms laid out in your settlement.
The Divorce is Final
The divorce is final on the day that the judge signs the decree. You’ll typically receive the decree a few days after it’s signed since it will be sent to your attorney first. The date that the decree is signed is the date that you and your ex are legally divorced.
What to do if Your Ex Won’t Comply
Now that you understand the basics of a divorce decree, it’s time to look at your options for getting your ex to comply with it.
Here are some steps to take to make sure you’re getting what you’re supposed to and that your ex is holding up their end of the agreement.
Make Sure You’re Compliant
Before you hire a family law attorney and try to go after your ex for not complying with the divorce decree, you first need to make sure that you are also complying.
Read through your divorce degree and make sure you’re abiding by all of the rules the judge laid out. While you’re going through the decree, you also need to make sure that your ex is, in fact, not complying with the decree.
Basically, you need to make sure you have legs to stand on before you try to take action against your ex.
Meet Conditions of the Agreement
If, after going through the divorce decree, you find that your ex has, in fact, violated part of the agreement, your next step is to make sure that you follow the steps laid out in the decree.
Your decree should have specific conditions you need to meet before you take legal action against your ex.
For example, you might have to provide him or her with written notice of the breach. Or, you might need to participate in mediation before you can take legal action against them.
Keep a Record
Be sure to keep a record of all of your ex’s breaches or the decree. This will help you back up your case if you have to go to court or take legal action.
When it comes to keeping records, make sure you’re saving everything that could possibly be related to your case. It’s better to have too much information than not enough information.
Your record might include bank statements that show insufficient child support payments or late payments. It could also be copies of emails or text messages or a written record of violations your ex has committed.
Reach Out in an Informal Way First
Sometimes, it’s a good idea to give your ex the benefit of the doubt. Before you launch a full-blown legal battle against them, check to make sure they haven’t just misunderstood the agreement.
Reach out them in an informal way, if possible, and talk to them about their lack of compliance. Show them the divorce decree and what it says their responsibilities are.
Do your best not to be harsh or accusatory when you do this. Keep a level head and try to be as cordial as possible. Try not to have this discussion in front of your children, either.
Hire a Family Law Attorney
If, at this point, you haven’t been successful in getting your ex to comply with the divorce decree, you’ll need to hire an experienced family law attorney.
You can work with the family law attorney who helped you with your divorce, or you can look for a new one, like the one available through this website.
A family law attorney will help you hold your ex accountable. They will also help you make sure your actions are appropriate and in line with the regulations laid out in the decree.
Do You Need to Hire a Family Lawyer?
Do you need to hire a new family lawyer to help you get your ex to comply with the divorce decree?
If so, we can help at Halt.org. Use our free search tool today to find a great family lawyer near you.
You can also check out our legal blogs today.
Check out the divorce section of our blog today for more help navigating the process of getting a divorce and making sure your ex holds up their end of the agreement.
Divorce still feels taboo, but four in ten first marriages in Canada ultimately end in divorce.
Getting to grips with divorce means understanding that people have diverse experiences of marriage. Fortunately, divorce in Canada is relatively uncomplicated compared to other countries.
From the federal application of the no-fault divorce to fee waivers for divorce applications, Canada acknowledges that some married people don’t want to remain married – and that’s okay.
Are you thinking about separation and what comes next? Keep reading to learn more about getting a divorce in Canada.
What You Need to Know Before You Apply for Divorce
To get a legal divorce in Canada, you need to prove three things when applying to a court.
First, you must prove that your marriage is legal. In most cases, you’ll need to provide your Canadian marriage license. Were you married in another country? You’ll need to provide your marriage license from the state where you legally wed.
In some cases, your marriage may not be recognized in Canada. If so, you cannot apply for a divorce in Canada.
Second, you must prove your marriage has broken down.
Third, you must live in the province or territory where you intend to apply for divorce for a full year before you can apply for a divorce there. Only Canadian residents have the option to divorce in Canada.
There is one exception to the residency requirements for non-residents. If you got married in Canada and the country where you and your lawful spouse live doesn’t recognize the marriage, then you can get divorced in Canada. Non-resident divorces are more complicated and require working with the provincial or territorial Superior Court.
Do Both Spouses Need to Want a Divorce?
A marriage may be a legal contract, but it’s so much more than that to the people enter into one.
You need to prove that your marriage broke down and you have no intention of reconciling. However, this does not need to be the case for both spouses.
It is still possible to file for divorce even if only one party in the relationship wants the divorce. If you satisfy the separation requirement, then you can file for a contested divorce. Even if the other party refuses to engage, a judge may grant you relief from the marriage with enough evidence.
Can I Get a No-Fault Divorce in Canada?
Canada requires you to prove that your marriage broke down, but the Divorce Act provides for a no-fault divorce should you prefer one.
There are three available criteria for a divorce in Canada, and you only need to meet one:
- You and your spouse are living apart and have for one year
- Your spouse committed adultery
- Your spouse is abusive
The no-fault option only requires that you meet the separation requirements.
You don’t have to live apart after you file for divorce. If you are separated and want to try again, you can live together for 90 days without it impacting your divorce. If you ultimately decide not to reconcile, then you can continue the divorce proceedings as usual.
You may find that lawyers recommend avoiding filing for divorce based on the grounds of adultery or cruelty unless you feel it is vital. Divorces that occur based on those grounds require longer processes and ultimately cost more than filing after one year of separation.
Additionally, the divorce proceedings won’t benefit you as the spouse who was cheated on or abused.
What If We Live in the Same House?
The high cost of living, an attempt to provide normalcy for kids, and other factors may keep otherwise separated couples living in the same house.
Unfortunately, federal and provincial law both require couples to be living “separate and apart” before the judge considers the marriage to have broken down.
Because you never moved apart, it is difficult to provide a date for the start of the separation. The date is critical because all couples in Canada must be separated for a minimum of one year prior to applying for a divorce.
In the case where the couple continues to live together, the court will ask a series of questions to establish whether the couple is genuinely separated while living together. Some of these questions include:
- Do the spouses share a bedroom?
- What communication occurs between the spouses?
- Do they attend social activities together?
- Do they still engage in sexual relationships?
- Is there a valid reason for the couple to continue living together?
If the couple answers yes to these questions, then a recognition of the separation is unlikely.
A separation is as much about providing physical space as it is withdrawing from the marriage. If a married couple continues to live in the same house, occupy separate bedrooms, but still maintains an entangled social and home life, then the court may say that the couple doesn’t have an intent for separation.
How to Get a Divorce in Canada: Step-by-Step
If you meet the grounds for divorce and you are ready to begin, then you’ll typically follow these steps to get it done.
Step 1: Complete Your Separation
All couples need to meet the separation requirements before applying to the court.
Remember that you need to leave separate and apart for a minimum of one calendar year before applying.
If living apart is impossible, consult with a lawyer to learn about your options.
Step 2: Get Your Application
Although everyone follows the federal Divorce Act, each territory and province has forms that apply to its courts.
You can get the forms through your local court, a family law information center, or a lawyer like Verhaeghe Law.
Additionally, if you live in Ontario, you can find the application online.
Step 3: Choose a Fault or No-Fault Divorce
When you file, you will need to decide whether you want to file for a no-fault or fault divorce.
The only requirement for no-fault divorce is maintaining separation for a minimum of one year.
Be aware that if you file a fault divorce, you will need to provide evidence of your claim of adultery or cruelty.
Step 4: Choose Contested or Uncontested
An uncontested divorce means that you both agree to the terms of the separation, including the reasons and terms.
In the case that you don’t agree, you will file a contested divorce. You will both need to submit an application stating your differences.
Optional Step 5: Outline Details of Parenting Agreement
Are there children involved?
The court will ask you to provide details of your parenting agreement. A parenting plan outlines how you will parent your children after you separate or get divorced. You’ll need to think about things like financial support, living arrangements, visitation schedule, and more.
Not sure what this looks like? The Department of Justice offers a parenting plan tool to help you develop your personal plan.
Be mindful and realistic when drafting your plan. Once a judge approves it, the plan becomes legally binding.
Step 6: Apply for Divorce with Your Province/Territory and Pay the Fee
When you’re ready and your forms are complete, it’s time to file the application you picked up.
In addition to your application, you may also need to file documents like:
- Affidavit for Divorce
- Divorce Order
- Marriage Certificate
- Affidavit in Support of Claim for Custody or Access
- Financial Statement (Support Claims)
- Support Deduction Order
- Support Deduction Order Information Form
An official filing also comes with a court fee. The amount you pay depends on where you live and file.
For example, Quebec requires the couple to pay $302 for the initial divorce application as well as $101 for a joint application. Ontario requires a down payment of $167 when you apply, but you’ll pay a further $280 during the review.
Apply for a Fee Waiver
If you cannot pay the fee, then your province or territory may offer a fee waiver. Talk to your county government about asking the court to waive the fees.
Keep in mind that waiving the fees will likely come with more paperwork and you will need to apply at the courthouse.
Step 7: Follow the Waiting Period
After you file, the court will serve the papers to your spouse. Your spouse then has 30 days to respond. Ideally, your spouse will respond within the appropriate period.
If your spouse does not reply, then you can submit the Affidavit for Divorce and Divorce Order.
Again, you will need to wait for the court to decide on whether to grant your divorce. When the judge reviews all the relevant material and is satisfied with the application, you will receive your divorce with a Divorce Order.
Step 8: Receive Your Certificate of Divorce
After the judge grants your divorce, you will receive the Certificate of Divorce. You are now legally divorced.
Life After Divorce is Possible
Divorce is complicated and exhausting, but the Canadian government doesn’t add to your woes by making the process impossible.
Getting a divorce in Canada is a matter of meeting the separation requirements and filing the appropriate paperwork. It allows you to focus more on rebuilding your life as a single person and being the best parent possible for your children.
Are thinking about legal separation and divorce? Click here for even more resources on the divorce process.
Previously, the news feeds were constantly replete with reports of dirty and scandalous divorces of celebrities. We had a clear understanding that a divorce is a horror that will squeeze out of you all that is possible, leaving behind debts due to service of lawyers and shattered nerves. Such fears were especially well supported by friends or relatives who have already undergone a contested divorce, describing it in all terrible colors. Nevertheless, the medal has two sides and now a contested divorce is replaced by an uncontested dissolution of marriage, which is quiet, fast and inexpensive. According to Legalzoom.com, the essence of an uncontested divorce is that both spouses are ready to settle their differences and disputes in order to dissolve their marriage as quickly as possible. And with the development of modern technology, it is possible to get an uncontested divorce online.
What is an Online Divorce?
Getting an online divorce means that spouses prepare all the necessary documents for dissolution of marriage using special websites like Divorcefiller.com. Most couples choose this method because it allows them to get an affordable, fast, cheap and easy divorce. The whole process is like an interview about your marriage. You go to the site that is engaged in the preparation of papers and answer all the questions that are relevant to your marriage and separation. Then you get ready-made forms that can be sued. Usually, the documents will be available in 2 business days after you answer all the questions and send them to the system. This is really a very convenient way since you don’t need to learn the laws and the details of the preparation of divorce papers. Special services will do this for you and will also send you instructions regarding your future actions. Also, many spouses are interested in the price of such services. The price is different depending on the site where you fill out the forms, so it varies from $150 to $300.
Please note that the court fee is not included in the cost of preparing the forms. In court, you still have to pay and depending on the county and your circumstances (for example, whether there are common minor children or not) the amount will vary, but it will not exceed $500. If you hire a lawyer to prepare all the necessary documents, he will take about $ 2,000 or even more for the same job. Agree, the difference is really impressive. It is also worth noting that online divorce services provide customers with detailed instructions regarding what steps should be taken next and take full responsibility in preparing the forms. Simply put, they will do everything for you, and all is left for you is to submit all documents to the court, which approximately takes less than an hour.
You can also download all the necessary documents from the website of your court, but in this case, you will have to fill them out on your own or with the help of a lawyer.
Can I file for divorce online?
A couple of states allow its citizens to file for divorce online. There is a special system that allows petitioners to submit all the necessary documents via the Internet. However, it does not work in all states and counties. In addition, states that allow e-filing (for example, Texas or Illinois) have their own conditions and requirements for those who apply to the court online. So it is better to clarify on the website of your court whether you have the opportunity to file for divorce online or to consult with the court’s clerk. Also, note that for the e-filing system you must create your own account, all forms must be uploaded in pdf format and you also need to fill in your case number. When e-filing you must pay a court fee online using your bank card.
Is online divorce legal?
The law allows plaintiffs to prepare all documents in a way that is more convenient for them. If a person wants, he can fill out all the papers on his own or use any online papers preparation system. So online divorces are quite legal and are a good alternative to lawyers. It does not matter for the court how you fill out the papers, the main thing is that they should be compiled correctly in accordance with state law. Any error in the forms can lead to a slowdown in the divorce or rejection the case. And this again plays in favor of online divorces, since platforms that prepare papers have staffer lawyers who check all forms filled out by the system.
Do I need an attorney?
Lawyers are required only in the case of a contested divorce, where it is necessary to protect the interests of the ward. An uncontested divorce already assumes that the spouses agree with each other regarding all the provisions of their dissolution. Therefore, they simply do not need a third party in order to get a divorce. Although even if you have a small disagreement, you can use the services of mediators who direct their efforts to help the spouses make a decision that would be good for both of them.
What should I do in order to get an online divorce?
- The basic thing you have to do is talk to your spouse and discuss all the details of your divorce. You must come to a complete understanding of each other and be agreeable regarding all parameters of your divorce, including the division of property and custody of minor children, as well as solve the issues of financial maintenance of the child and alimony.
- Choose a company that will deal with your papers. On the Internet there are many sites that provide services for the preparation of forms, however, not all sites have a full package of necessary documents. Pay attention to the reviews of those who have already used the services of the company, they can clarify for you the strengths and weaknesses of the platform. Also, find out if the site has a money back function in case if you receive incorrect papers. Focus on those platforms that have long existed in the online divorce market. You can also get from the court’s clerk a list of all the forms that are necessary for your case in order to compare it with the papers that online divorce service will send to you.
- Once you have chosen a site that will prepare your forms to answer all the questions that are required, you can even do this with your spouse. In addition, some sites have the function of sending your completed forms to a spouse so that he or she has an opportunity to review all the papers before you file them with the court.
- When the papers are ready you should make two copies and file all forms package with the court. If your county allows e-filing, you can send them via the Internet. Whichever is more convenient for you, you can send documents to the court by mail or submit them personally at the clerk’s office. Depending on the type of your petition, you can submit documents with your spouse or independently.
- After the papers are submitted to the court and for them is assigned a registration number, hand over the files to your spouse so that he or she can familiarize with the case and if give a consent to participate in the process. If you are filing a joint petition, you can skip this step.
- After the spouse has received all the papers, he or she needs to give a court a positive answer regarding the participation in the process.
- Prepare a settlement agreement with your spouse, which will need to be sued along with the final forms (they depend on the county where you are getting a divorce). If you have common minor children, draw up a Parenting Plan in which you should indicate in detail all your responsibilities regarding the upbringing of the child, the type of custody, ways to resolve controversial issues and the time the child will spend with each parent.
- Once all documents are filed the court will set a date of the hearing. In most cases, the judge provides divorce right at the first hearing, although there are situations where the spouses do not even need to participate in the court’s session in order to dissolve the marriage.
Recently getting a divorce is becoming easier and easier. There are many services that are ready to help spouses to terminate the marriage quietly and peacefully. As well as modern technology gave us the opportunity to access almost any information without even leaving home. Online divorce has become something familiar, without which it is difficult to imagine dissolution of marriage. Many people become regular customers of the online service and get a divorce through them from marriage to marriage. So if you still doubt whether to get an online divorce or not, just drop all doubts and see for yourself that this is an effective and easy way to end dead relationships.