It’s a very touchy subject, but if it comes down to it, it needs to be tackled head-on. A divorce lawyer is important to draft a plan with and will help you reach a fair settlement in your case. A good lawyer will show you the benefits and costs with each plan you are considering, so it’s imperative that you get along well with your lawyer.
Another important thing for your lawyer to do is to stay in contact in case anything comes up and to have the utmost honesty with their clients. A divorce lawyer has many responsibilities when handling your case, including: negotiating a divorce case settlement, advising their clients about expenses, preparing for every trial, and learning as much as possible about their client’s spouse.
1 – Fill out the Proper Paperwork
So you and your partner have decided to separate – the first step is to get it in writing. Every province has its own set of paperwork you need to fill out before starting the divorce process. Your divorce lawyer will set you up with the proper documentation and can help you work through it as you prepare for court dates.
2 – Decide the Grounds and Contestation of the Case
Once you have your first round of paperwork sorted out, you will need your divorce lawyer’s help to decide the grounds and contestation of the case. The grounds of your case can either be no-fault (a divorce case where the spouse filing for a divorce is citing no fault from the other spouse, but uses other reasons the state would find acceptable instead) and a fault divorce case (citing the reason for the divorce under the grounds of abuse or adultery).
Then you will need the help of your lawyer to decide whether the case is a contested divorce (where the spouses have not reached an agreement on the divorce case and have a conflict) or uncontested divorce (where both spouses agree on the terms of separation). If a conflict arises out of the failure to reach an agreement, it’s the divorce lawyer’s job to help the client plan a strategy.
3 – Sort out Custody and Supporting Paperwork
There’s a lot more paperwork that the client has to sort out before the court can approve the divorce and supply divorce certificates. Your lawyer should be able to provide all of the necessary paperwork and help you work through it and inform you of all of the fees you’re responsible for.
Also, if there are children involved, your divorce lawyer can help you fight for proper custody. Once all of these papers are served, the spouse will have 30 days to respond. Failure to respond puts the papers in motion.
4 – Get Clearance and Get your Divorce Certificate
Now it’s up to the judge to review the papers and, if all of the requirements are met, the judge will issue a divorce order. The biggest issues when filing for divorce in Canada are the distribution of property and assets, custody over the client’s children, and reaching a fair deal.
A divorce lawyer will help orchestrate a settlement that best suits your interests at every step of the way. A divorce settlement is never a perfect process however, and as a client, you will find that you may have to make certain sacrifices. Getting the advice of a lawyer will help you navigate through these issues and get you as much as you need.
