Scarborough Divorce Lawyer Offering Free Consultation
Divorce Lawyer Scarborough
Simple Divorce makes your divorce in Scarborough 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 Lawyer Scarborough
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?
Unlike in contested divorces whereby one spouse challenges the divorce, in an uncontested divorce, there is no defendant since both spouses file for divorce with mutual consent. Uncontested divorces are often simpler and faster to process. This is because the decisions are made and agreed upon fairly easily. In this situation, both parties have agreed on ending the marriage and there are no issues or unresolved consequences of this decision.
When a divorce is not contested, both parties don’t need to serve documents. The 30-day appeal period after the divorce judgement is granted is also not observed. One spouse can approach a divorce lawyer in Scarborough for help in filing a statement of claim for divorce to initiate the divorce process.
The uncontested divorce process in Scarborough
Your spouse can begin the uncontested divorce proceedings by filing a statement of claim. This statement of claim must be personally served on the respondent (given to your spouse in person). This notice of claim states the orders that the claimant wants the court to make.
How you respond to this notice will depend on the orders being requested and whether you agree with the claims or not. It is extremely critical to ask a divorce lawyer in Scarborough to review your notice of claim and explain what it means because the claims therein could affect your divorce proceeding and rights.
You can respond to the statement of claim for divorce in either of the following ways:
- You may file a counterclaim if you have claims of your own that you want to make. For instance, if you are claiming different facts than what’s stated in the notice.
- You may file a statement of defence that would make the proceeding a contested divorce.
- You may file a demand of notice if you aren’t contesting the divorce but would wish to be provided with all the documents filed in the proceedings.
- You may not respond and wait to be noted in default. In this case, you give up the right to have any say in the divorce proceeding or court judgement. You will not be allowed to take part in the divorce proceedings and would have to meet the terms of the agreement.
After filing the response, the couple must observe a waiting period. Uncontested divorce proceedings are often less stressful since matters such as child custody, spousal support and division of property are handled out of court. However, this type of divorce works well when both couples are willing to compromise and resolve their issues outside of the courtroom. You’ll need an experienced divorce lawyer in Scarborough to help navigate these issues and settle them out of court.
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 properly drafted separation agreement is critical
One of the most critical documents at the end of a marriage is a separation agreement that clarifies the rights and obligations of the parties when they begin their lives apart. A properly drafted separation agreement can simplify the divorce process and avoid the need for lengthy and costly proceedings, especially on matters such as child support, division of property and spousal support.
When this agreement is drafted early, it allows both parties to easily move on to their new phase of life even before the divorce is finalized in court. Separation agreements are uniquely customized to suit the family’s unique needs and circumstances. Lawyers representing both sides will negotiate and draft the agreement while taking into account their client’s goals and interests.
One of the main reasons separation agreements are overturned in courts is when one spouse or both do not disclose all their financial, business and real estate property assets and liabilities. Our lawyers are well experienced in handling divorce proceedings involving the complex division of property or trust matters and can help simplify this for our clients.
Terms of a separation agreement
The separation agreement can include many different family law issues and eliminate the confusion over what to do after the separation. For instance, the agreement can include:
- Support arrangements: Whether a spouse should receive financial help, who will receive it and how much
- How the children’s financial needs will be met (child support)
- Parenting arrangements: How the parents will care for and share time with the children
- Who the children will live with and how child care decisions will be made
- Property and debt issues such as how the family property will be divided and how the responsibility for the family debts will be shared
- What happens to the family home: Will you keep it, sell the property or make other arrangements?
Our divorce lawyers help clients negotiate the terms of the separation agreement with the other party in order to arrive at a decision that is amenable to everyone. We help our clients complete the process as smoothly as possible.
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?
A contested divorce is where the parties involved have failed to agree on specific issues related to their divorce. The contested issues are often related to important aspects such as child support, division of property and assets, spousal support and child custody. Contested divorces usually take more time and are more complicated than uncontested divorce proceedings. Contested divorces can be resolved with or without trial.
If you choose to go to trial, the judge is responsible for deciding on the final terms of the divorce. In some cases, the decision may not align with the priorities of the couple.
A contested divorce procedure in Scarborough
First, one of the spouses will have to file a divorce petition to mark the start of the divorce process. The applicant will lay out issues such as child support and custody, spousal support and property equalization when filing this petition. It’s important to have an experienced divorce lawyer in Scarborough to help prepare the application, as the process can be complicated.
After filing the application with the court, the applicant will have to serve the other party with the application. Service can be done personally by someone aside from the applicant. After being served, the respondent will have 30 days to respond by filing an answer. Failure to respond can result in the proceedings going on and a decision being made in favour of the applicant.
Before the divorce moves to court, the judge may request the couple to settle their case out of court or give their marriage another shot. If the parties are still reluctant, they will be eligible for a divorce and move on to the court phase. Both parties will need to hire a lawyer to help in the process of gathering information and preparing for court hearings. Both spouses must attend court hearings. Once the trial process is completed and the court issues a final order, an appeal can be made by either party to dispute the judge’s decision.
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
Can I be granted a divorce without separation?
You may be instantly granted a divorce without separation, depending on your unique circumstance. For instance, if you are a victim of adultery, extreme physical or emotional abuse, the court may still grant you divorce instantly by considering that any continued cohabitation may have been intolerable. However, you must prove these two grounds for divorce, which is often quite difficult. You will need to work with an experienced divorce lawyer Scarborough to help gather adequate circumstantial evidence.
When is the mandatory separation period required before a divorce is granted?
On the other hand, if you are seeking a divorce due to reasons such as growing apart or not getting along, you may be required to complete the mandatory separation period of one year. Keep in mind that separation for the purposes of divorce may not necessarily mean living in separate houses. It could be that you live in the same house, but you are still considered to be living separately and apart for the purposes of the Divorce Act.
I am thinking of leaving my spouse; what should be my next course of action?
The first thing we would encourage you to do in order to protect yourself and your children, if any, is to seek legal advice. If you are in an abusive relationship and leaving your spouse poses a threat of violence against you or your children, we recommend getting a restraining order against your spouse. Your lawyer can help you file an urgent application for interim custody and support for the children. You may also file for exclusive possession of your matrimonial home.
Can I qualify for exclusive possession of our matrimonial home?
The test for exclusive possession of your home is very strictly considered by the court. The court will avoid kicking out an individual from their family home, especially if they are not in the financial position to get a separate residence or if the decision is not in the best interests of the children. However, if the spouse commits violence against the other spouse or the children, exclusive possession may be granted.
How long does it take to get a divorce?
A simple divorce process may take 4 to 6 months. However, if matters such as child custody and support and division of property are contested, courtroom litigation may have to be considered and the divorce may take longer. Divorce can be granted immediately if the application is made on the grounds of adultery or cruelty and the court is satisfied that these grounds exist.
Do you have to have a lawyer to get the divorce?
You don’t need to hire a lawyer in order to file for divorce. However, the process can be complicated, and professional legal counsel is recommended to ensure that your rights are fully protected. Lawyers also help to ensure that all the steps that need to be taken before a divorce is granted are taken on time and that the process progresses quickly.
Can you be considered separated if you live in the same house as your spouse?
Certainly yes. There are certain conditions that you must satisfy to be deemed legally separated from your spouse for the purposes of divorce. For instance, if living under the same roof, there must be a withdrawal by one or both spouses from their matrimonial obligation, such as the absence of sexual relations or changes in meal patterns and participation in joint social activities.