Vaughan Family Lawyer Providing Free Consultation
Family Lawyer Vaughan
Our Vaughan family law firm makes your divorce in Vaughan as affordable and simple as possible. We offer a broad range of family law services, spanning from simple uncontested divorces, negotiating and drafting separation agreements, to representing clients in court for contentious or complicated cases. Regardless of the solution required, our Vaughan family lawyers bring the same level of attention to detail, competence, and compassion to each case. Our approach is to first ensure you have a complete understanding of your options and rights so that you can make an informed decision as to how to proceed. To this end, our family lawyers offer free consultations. After understanding your goals and setting a strategy, we endeavour to meet your goals by avoiding unnecessarily complicate your matter while upholding the strict standards of professionalism that regulate our profession. We understand that each client has a unique set of needs, and different needs mean different solutions. Our Vaughan family lawyers have therefore created custom solutions and structured our legal fees to reflect this reality. Contact our Vaughan family lawyers now to understand your options and how we can help.
In our many years of experience, and depending on the specific cases, Vaughan residents require any of the following solutions:
1. Uncontested Divorce or Simple Divorce in Vaughan
Our Vaughan Family Lawyers specialize in uncontested divorces in Vaughan. We offer flat-rate fees and have developed streamlined processes to ensure your uncontested divorce processes as quickly as possible through the courts. The spouses in uncontested divorce proceedings just want a divorce (i.e. marital status change) and aren’t raising other claims to the court. This is either because there are no other issues in the first place that need to be resolved (i.e. children, property, or support issues), or because those issues have already been resolved by the parties by way of a verbal or written agreement. The average legal fees (or lawyer charges) for an uncontested divorce is $2,000. Note that our uncontested divorce fees begin at $300, and we accept payment plans. At Simple Divorce, we are confident that our legal fees are affordable even for low-income earners. If you need our simple or uncontested divorce services, do not hesitate to contact us.
What’s an uncontested divorce?
An uncontested divorce is an Application to the court requesting only that the parties’ marital status be changed from married to single (or divorced). In contrast to a contested divorce whereby each party is raising additional claims other than a marital status change to the court, in an uncontested divorce, neither party is suing the other for claims related to children, property division, or support. This is because both parties mutually consent to file for divorce. Uncontested divorce cases are usually simple, and the relevant proceedings are finalized within a short period. This is because the issues of children, property or support matters have already been resolved or do not exist. many decisions regarding various aspects of divorce are agreed upon easily. Note that in a simple or uncontested divorce, both spouses agree on ending their marriage peacefully, and there are no unresolved consequences of their choice.
The uncontested divorce process in Vaughan
Your partner can initiate the simple or uncontested divorce proceedings by filing the statement of claim for divorce. The statement of claim should be personally given to the other party (served on the respondent in person). This claim states the specific orders the claimant wants the court of law to make.
The response from the other spouse (defendant) will depend on the specific orders requested and whether they agree with those claims. You must consult with a divorce lawyer in Vaughan who can review the notice of claim and clarify its meaning. Remember, the claims or orders therein could impact your rights and divorce proceedings.
If you have been served a notice of claim for divorce, you can respond in any of the following options.
- File a counterclaim if you have specific claims you intend to make. For example, you may want to claim different facts compared to what’s indicated in the notice of claim for divorce.
- File a statement of defence. Note that this will make the entire divorce process a contested divorce.
- File a demand of notice, particularly if you don’t intend to contest the divorce process but wish to be given all relevant documents filed in the divorce case.
- Fail to send a response and eventually get noted in default. That means you will be giving up your right to have a say in the court judgment or divorce proceeding. Note that you’ll be allowed to participate in the proceedings and will have to meet all the terms of the court judgment.
Once you file a response, you and your spouse should observe a specified waiting period. Simple or uncontested divorce proceedings are less stressful because various aspects such as division of property, spousal support, and child custody are addressed by the spouses peacefully. Keep in mind that uncontested divorce works best if the couple is ready to compromise and resolve their divorce issues out of the courtroom. You need a skilled divorce lawyer in Vaughan to help you navigate the complicated aspects of divorce and settle them outside the courtroom.
2. Separation agreement Vaughan
Generally, a separation agreement is an amicable option to resolve issues relating to your divorce case. In addition, it is a great solution to protect your rights and save you the financial costs and acrimony linked to the formal courtroom procedures.
A carefully drafted separation agreement is important. Here’s why
A separation agreement is among the most critical documents drafted at the end of a marriage. It highlights and clarifies the rights and obligations of each party as they begin to live separately. A professionally drafted separation agreement simplifies the entire divorce process and prevents the need for costly and time-consuming courtroom proceedings, particularly of aspects such as division of property, spousal support, child custody, and more.
When a separation agreement is drafted early enough, both spouses can easily begin their new phase of life long before the divorce process is finalized in a courtroom. Keep in mind that separation agreements can be customized to fit the family’s unique circumstances and needs. The divorce lawyers representing the spouses should negotiate and draft the separation agreement while observing their client’s interests and objectives.
It’s important to mention that a separation agreement can be overturned in court. This happens if one or both spouses withheld information regarding their business, real estate assets, liabilities, and financial wellbeing. At Simple Divorce, our lawyers have many years of experience in handling divorce case proceedings involving complicated trust matters and the division of property. Indeed, they can help you simplify your divorce process.
Terms of the separation agreement
A professionally drafted separation agreement should include all relevant family law issues and resolve confusion over what each spouse can do following a separation. This document can include the following:
- Support arrangements regarding whether a spouse will get financial help and how much they should get.
- Child support – how the kids’ financial needs will be addressed.
- Parenting plan – how each parent will care for the kids and share some time with them.
- The parent who will live with the kids and how the relevant child care choices will be made.
- Debt and property issues like how the family property will be shared and who will be responsible for specific family debts.
- What will happen to the family home? Will it be sold? Who will keep it, or are there other arrangements?
Simple Divorce law firm has experienced divorce lawyers who can help clients negotiate the terms of a separation agreement successfully. That means you and your partner can arrive at an amicable decision and complete the divorce process smoothly within the shortest period possible.
3. Contested divorce in Vaughan
Once negotiations have failed, it becomes necessary to use the formal litigation process to protect your rights. Our Vaughan divorce lawyers can help you handle various aspects of divorce such as spousal support, child custody & access, common law claim, property division, and more.
What’s a contested divorce?
If the parties (spouses) have disagreed on various aspects of their divorce, this case is considered a contested divorce. The contested aspects are frequently related to property division, child custody, child support, spousal support, and more. This type of divorce usually takes longer and often involves more complicated proceedings than an uncontested divorce. Note that contested divorce cases can be settled with or without a court trial.
Once you opt to proceed to trial, the court judge will be responsible for deciding the concluding terms of your divorce. Even so, keep in mind that there are times when the court decision doesn’t line up with the couple’s priorities.
The contested divorce process in Vaughan
The first step in a contested divorce requires one of the spouses to file a divorce petition. This marks the beginning of the entire contested divorce procedure. The applicant must highlight the concerns like spousal support, property equalization, and child custody & support when filing a divorce petition. It is imperative to consult with a highly experienced divorce lawyer in Vaughan to help put together the divorce application because this process can be very complicated.
Once one spouse has filed the initial application, he or she must serve the other spouse with that application. Note that the service can be done by the applicant or someone else. The respondent has 30 days to file an answer. Negligence to do so can result in court proceedings happening and a final court decision made in favour of the divorce applicant.
The court judge may ask the couple to address and settle the case outside of the courtroom or simply give their marriage a go before the case goes to court. If the spouses are reluctant, they’ll be eligible for an official divorce and proceed to court processes. They will need a divorce lawyer who can help gather relevant information and prepare for hearings. The spouses should attend these hearings. The moment the trial is concluded and the judge issues the final order; either spouse can file an appeal to dispute the court order.
Licensed and Insured Vaughan Family Lawyers
Once you enlist our divorce law services, you can be assured that you’re dealing with a reputable law firm with experienced professionals. Your divorce file will be created and reviewed by law clerks and lawyers with many years of experience. Our office is fully committed to responding to all your concerns and handling your divorce professionally.
Choosing a licensed divorce lawyer to process your divorce case makes sense – we have undergone extensive training and are insured by the Law Society. All our staff members and processes adhere to all set standards that ensure a client’s case is addressed professionally.
Ontario Family Law FAQ
Do I need to hire a divorce lawyer to be granted a divorce?
You do not need a divorce lawyer to file for divorce or be granted a divorce. But this process can be complex, which is why it is recommended to have legal counsel to make sure your rights and interests are protected. Divorce lawyers can also ensure that the right steps are taken before you are granted a divorce. This will ensure that the divorce process progresses seamlessly.
Can a couple be considered separated even when both partners are living in the same house?
Yes. There are specific conditions that you should satisfy to be considered legally separated from your partner for the purpose of the divorce process. For example, if you’re living in the same house, there should be a withdrawal by one of the partners from matrimonial obligations like changes in meal patterns, sexual relations, and taking part in joint social activities.
Must you be separated to be granted a divorce?
You can be granted a divorce without having to wait for 1-year separation, but this depends on the circumstances of your case. For example, if you’re a victim of extreme emotional or physical abuse, the judge may grant you a divorce. This is because continued cohabitation could be intolerable. However, you will be required to prove these grounds which can be a challenging process. This is why you need a highly experienced divorce lawyer in Vaughan to help review your case and gather the necessary pieces of evidence.
If I intend to leave my partner, what’s the next course of action?
We would advise you to seek legal advice regarding your potential rights and obligation with respect to children, support and property matters. If you’re living in the same home it is important not to move out before speaking with a lawyer as moving out without taking certain measures may negatively affect your rights. If you are in an abusive relationship and raising the issue of separation with your spouse could result in a risk of abuse against the kids or you, our Vaughan family lawyers can help you select a strategy to avoid any risk of harm to your or your children.
When is the “separation period” mandatory before a divorce is granted?
If you’re filing for divorce for reasons regarding not getting along or growing apart, you will be required to complete the separation period of one year (mandatory). Remember, the separation for the purpose of divorce does not necessarily mean living in separate residences. You could be living in the same property but still considered legally separated in accordance with the Divorce Act.
How do I qualify for exclusive possession of the matrimonial home?
Generally, the legal test for complete (exclusive) possession of the matrimonial home is reviewed by the court strictly. The judge will try to avoid kicking you out of your home, particularly if you’re not financially able to acquire a separate place or if the choice isn’t advantageous to kids. But if your partner perpetrates violence against you or the kids, you might be granted exclusive possession of the matrimonial or family home.
How long does a divorce case take?
An uncontested or simple divorce can take four to six months. But if some issues such as property division, spousal support, and the custody of children are contested, court litigation can be considered the only viable solution. In this case, the divorce process may take longer than an uncontested divorce. Keep in mind that divorce can be granted instantly only if the application is formed on the basis of cruelty or adultery and the judge is convinced that these grounds of divorce exist.