Mississauga Divorce Lawyer Offering Free Consultation
Mississauga Divorce Lawyer
Simple Divorce makes your divorce in Mississauga as simple and affordable as possible.
Our family law services range from the simple to the most contested matters. Different needs mean different solutions, and our fees have been structured to reflect this reality.
In our experience, depending on the particular situation, individuals require one of the following three solutions:
1) Simple Uncontested Divorce
A simple divorce is just what it sounds like. The parties in a divorce proceedings are only looking for a divorce and are not advancing any other claims. The typical lawyer charges around $1,500 for an uncontested divorce. Our fee starts at $300 AND we accept payment plans! We are confident that our fees are one of the lowest in the industry. Call 416-901-7992. to get started.
What is Uncontested Divorce?
In an uncontested divorce, the spouses agree on the issues raised by the divorce. Since a valid divorce can only be obtained from the court, if you are seeking an uncontested divorce, you still have to submit an application to the court and obtain a judgement from there. The court will then process the application without requiring the spouses to appear for any hearings. For the divorce to become uncontested, the spouse who is served may decide not to respond and give up their right to decide on issues raised by the divorce. That failure to respond to the service is what makes the divorce uncontested.
The uncontested divorce process in Mississauga
Uncontested and contested divorce proceedings begin in the same way. The applicant files an application for divorce with the Ontario Superior Court of Justice. The applicant’s spouse is then served with a copy of the application. The served spouse is then given a time limit (usually 30 days if within Canada and 60 days if outside Canada) to file an answer.
If the respondent doesn’t file an answer within the time given, it is assumed that the respondent doesn’t contest the divorce. The applicant will then be required to file an affidavit that states that the respondent was served and attach any supporting materials. The divorce proceeding will then proceed after the affidavit is presented without an oral hearing. Once the divorce order is granted, it will be mailed to each spouse. You may also request to be issued with a divorce certificate, especially if you intend to remarry.
2) Separation Agreement
A separation agreement is an amicable way to resolve all outstanding issues relating to your divorce matter. This is an ideal solution to protect your rights while saving you the acrimony and costs associated with the formal court process.
Why a separation agreement is critical
A separation agreement is a contract that is drafted between two married couples or common-law partners resolving critical matters such as custody and access, division of property and support at the end of their marriage. With this contract, couples are not required to go to court in order to resolve these issues. This is the best course of action to take if you need to separate from your spouse and you are on agreeable terms.
Even though a separation agreement is not necessary, many couples choose to go this route to avoid going to court, which is often a lengthy and costly process. Additionally, a separation agreement that is drafted with the help of a divorce lawyer in Mississauga can help both spouses conclude on issues that best suit their situations as opposed to a judge’s decision that may not be in their interests.
One of the main reasons why many people choose to have a separation agreement at the end of their marriage is that the document is quite flexible. Flexibility arises from the fact that the contract can be amended by both parties themselves quickly and easily without involving the court. Amending a court order can be difficult and result in costly procedures and delays.
Terms of a separation agreement
There are different family law issues covered in a separation agreement. They include:
- Support arrangements
- Parenting arrangements
- Childcare decisions
- Division of property
- Division of debts and other liabilities
- What happens to the matrimonial home?
- Division of benefits, if any
3) Contested Divorce
When negotiations fail it will become necessary to utilize the formal litigation process to uphold and protect your legal rights. Our Toronto family lawyer can help you with a child custody and access, child support, spousal support, division of property and common law claim.
What is a contested divorce?
When one spouse doesn’t agree on some or all of the issues raised in the divorce proceedings, then this is considered a contested divorce. Disagreements may arise on matters such as the children’s custody and access arrangement, spousal support and division of property acquired during or before the marriage. In contested divorce proceedings, both parties are required to file court documents stating their positions on the disputed issues.
Before a divorce hearing is pursued, both parties are given an opportunity to negotiate a settlement that works for them as soon as possible. This may save both parties time and money. Many divorce cases are settled before trial, even after the divorce proceedings have commenced, and court documents have been submitted. With a contested divorce, there’s no clear indication of the duration of the proceedings because it all depends on if and when the case settles.
A contested divorce procedure in Mississauga
The contested divorce process begins when one spouse files a divorce petition. This will clearly state the spouse’s intention, grounds for divorce and how they intend to resolve certain matters at the end of the marriage. The application will cover critical matters, such as child custody and access, spousal support and division of property. You need to retain a good divorce lawyer in Mississauga when filing this petition. This will help ensure your rights are protected and that the process is as smooth as possible.
Once you file the petition, you will be required to serve your spouse with the divorce papers. Service is often required to be done physically by someone else other than the applicant. It could be the applicant’s lawyer or a representative. Once your spouse receives the papers, he/she will have 30 days to file their response. If there’s no response within this period, the proceedings will still go on and the divorce may be deemed uncontested.
Not all divorce cases go to trial. In fact, the family court gives couples numerous opportunities to negotiate and resolve their critical issues. However, if no resolution is met, the divorce will go to trial, where both spouses will attend court hearings and the judge will make a final order.
Licenced and Insured Lawyers
When you use our service, you can rest assured that you are dealing with a professional law firm. Your entire divorce file is prepared and reviewed by lawyers and law clerks. Our office is committed to answering all your questions and completing your divorce in an efficient manner. Choosing a licenced lawyer to process your divorce makes sense – not only are we insured by the Law Society, but are also provided extensive training. We are required to maintain minimum quality standards that ensure your case is handled professionally and with the due care it deserves.
Ontario Divorce Law FAQ
Must I separate from my spouse before getting a divorce?
There are circumstances where a separation is not required before getting a divorce. For instance, if one spouse is filing for divorce on the grounds of adultery or cruelty, the application may be granted instantly. On the other hand, if your reasons for divorcing your spouse are because you no longer love each other or get along, then the mandatory separation period must be satisfied.
Do you need to hire a lawyer to file for divorce?
Even though the law doesn’t require hiring a lawyer in order to file for divorce, the process can be complicated, which is why professional counsel is recommended. Lawyers educate you on your rights and obligations and ensure that all the necessary steps are taken on time. They can also help to expedite the divorce process and ensure it runs as smoothly as possible.
Could your spouse evict you after a divorce order is granted?
If you are not the legal or joint owner of the matrimonial home after the divorce order is obtained, any rights you had on the property are lost. Therefore, you could be evicted by your spouse without any notice once a valid divorce notice is granted.
Will you lose benefits offered by your spouse’s employment after divorce?
Most likely. If you were accessing your spouse’s medical or dental benefits, these are likely to be withdrawn after you are divorced. You should probably make alternative arrangements.
Can I be considered separated if I live in the same house with my spouse?
Certainly yes. There are situations where a spouse is unable to move from their matrimonial home during their separation. For instance, you may be living with your spouse under the same roof, but you haven’t had any sexual relations; this may still be considered a separation. Other factors such as whether you’ve had any joint social activities will also be taken into consideration to determine if you’re legally separated.
What’s the difference between a contested and uncontested divorce?
An uncontested divorce is when the parties have agreed on all the corollary issues raised by the divorce, such as parenting arrangements, division of property and support arrangements. In such cases, the spouses simply want to obtain the divorce as quickly after the one-year separation period. A divorce becomes uncontested only when the spouse who is served decides not to respond by not filing an answer within the required time, which the court assumes that he/she doesn’t contest the divorce.
On the other hand, a contested divorce is when one spouse disagrees on some or all of the issues raised by the divorce. It could be that the spouse disagrees on the division of property in the marriage, child custody and access arrangements or spousal support obligations. In a contested divorce, both parties are required to file court documents outlining their positions on the various issues.
Can I get a divorce if the child custody or support matters haven’t been settled?
Probably not. One of the factors that may prevent a divorce from being granted by the court is when there are no reasonable arrangements in place for the care of the children. The court will adjourn the divorce proceedings and both spouses will be given an opportunity to make reasonable arrangements for the care of their children. The court will only order the divorce once it is satisfied that these arrangements have been made and will be adhered to.