BONILLA LEGAL SERVICES

In the province of Ontario you may obtain a divorce order by requesting a simple divorce, a joint divorce or through a contested divorce. If you have children and you have not been able to reach an agreement with your spouse regarding support, custody, access or the division of your assets, you are dealing with a contested divorce. To obtain more information about a simple divorce or a joint divorce follow this link.

Contested Divorce

In a contested divorce the parties cannot reach an agreement regarding support, custody, access or the division of their assets. In these cases you regularly need a lawyer to negotiate the terms of a separation agreement, a mediator or ultimately a judge to decide how all issues surrounding your separation will be settled.

Do I need a lawyer?

Not in all cases. In some cases the parties may reach an agreement without the intervention of lawyers or a mediator. But there are some cases where the parties do not want or cannot legally communicate directly with each other. In these cases it would be advisable for the parties to communicate through their lawyers. In either case, the parties are advised to first consult a family lawyer to learn about their rights and obligations in relation to their separation and to gain an understanding of the divorce process. In this way, the parties will be in a better position to negotiate the terms of a separation agreement more effectively. However, lawyers can assist the parties during the whole divorce process.

Thus, it is advisable to see a family lawyer at some point because the divorce process can be very complex and not understanding the process or your rights and obligations can negatively affect you in the future. For instance, if you decide to represent yourself you could end up paying two or three times the amount of spousal support that you should pay and for a longer period of time. As a result, even though it may initially seem that you are saving money in legal fees by not consulting a lawyer, in the long run you may be losing tens of thousands of dollars for reaching an agreement without understanding the process, your rights or obligations.

Do I need a Separation Agreement?

If you have children and you have not reached an agreement regarding child support, a judge will not issue a divorce order. In cases where there are no children, the marriage was short and there are no assets to divide a judge is more likely to issue a divorce order without a separation agreement. However, it is always advisable to have separation agreement to avoid any issues in the future.

What needs to be included in a Separation Agreement?

Every case is different, but some of the issues that need to be dealt with in a separation agreement include child support, spousal support, custody, access and the division of the parties’ assets.

Is the Divorce process expensive?

The divorce process does not have to be expensive or take too long. Once being fully informed as to your rights and obligations regarding your separation, the parties themselves can reach an agreement directly that deals with support, custody, access or the division of your assets. The terms of the agreement can then be outlined in a separation agreement and a divorce order can be requested subsequently. However, it is necessary for you to consult a family lawyer to learn about your rights and obligations before you negotiate the terms of a separation agreement. It is also important that a family lawyer prepares the separation agreement to ensure that it is valid in the jurisdiction where you live.

Then I do not need to go to court to settle all issues surrounding my separation?

If your spouse is not willing to negotiate the terms of a separation agreement directly, through your lawyers or a mediator, it is very likely that you will need to go to court to have these issues settled. In these cases it is advisable that you talk to a family lawyer to get an understanding of the divorce process, to have your court documents drafted or to represent you in court.

Can you represent me?

In Bonilla Legal Services we can help you to negotiate the terms of a separation agreement, to draft a separation agreement, draft court documents to deal with all issues surrounding your separation in court, to draft court documents specifically for case conferences, Settlement Conferences, Trial Management Conferences, Motions, Trials or to represent you in court at all stages of the divorce process. Above all, we make sure that you understand the divorce process and have control over the most important decisions regarding your case.

To obtain more information, please contact us by e-mail at info@bonillalegalservices.ca.

DISCLAIMER: The information provided on this website is for general informational purposes only, it is not legal advice and it is not to be considered/construed as legal advice.