Wednesday, December 11, 2013

A Divorce Mediator: Neutral Third Party In Divorce


Oakville is home to over 180,000 residents and offers many wonderful family oriented neighborhoods. Unfortunately, couples do separate and the impact of divorce on a family is devastating. Going through the lengthy court process causes further stress, and is also expensive. There are alternatives to the court process, which tend to be cheaper, faster and less stressful. One of these options is divorce mediation.

A divorce mediator is a neutral third party who helps spouses using the divorce mediation process. Divorce mediation is a problem solving approach to separation and divorce involving a divorce mediator. The goal is for the spouses to work as a team towards finding the right settlements for themselves and their children. The divorce mediator helps the spouses identify issues that need to be resolved and options for resolving them. There are many issues that arise on separation, including division of property, custody and access, child support, and spousal support. The mediator helps the spouses generate solutions for each of the issues that arise from the divorce. The solutions are evaluated together and agreement is reached in a civilized manner. Both parties and the mediator sign a Mediation Agreement that outlines the way all the issues will be worked out.

Divorce mediation offers more control and flexibility to spouses than going to court does. The spouses have the flexibility in taking time consider how all the decisions will affect the family in the long term. They shape the final decision, rather than having a judge quickly make the settlements.

It is important that parties understand their rights and responsibilities before coming to the mediation table. Both parties should consult a lawyer for independent legal advice at some point during the mediation process. The divorce mediator is a neutral third party and does not work for either spouse. Hence, they cannot give legal advice. If parties cannot reach agreement with the help of a mediator, they can still go to court and will need a judge or an arbitrator to settle the divorce. For mediation to be successful, both disputants must be reasonable and motivated to negotiate a final settlement.

Divorce mediation is not for every couple or every situation. However, it has no drawbacks, and can help you save money, time, energy and damage to the family unit. It is important to find someone who is trained and experienced in divorce mediation in Oakville or the Greater Toronto Area. We recommend Diane Daly, a lawyer with over 20 years experience if you are in Southern Ontario.

Tuesday, October 15, 2013

Getting A Mortgage After A Divorce


Anyone who is in the middle of a divorce or separation, or knows friends or family members who have experienced this unfortunate situation knows how emotionally taxing this period of life can be. Obviously, parties enter into a marriage with the full intent of making it last forever; however, there are times when this simply is impossible. Not only is the process very difficult for the spouses that have decided to part, it can be especially challenging for children who finds themselves unwillingly in the middle of such a situation.

Getting the Mortgage You Need After a Divorce


There are usually many things that need to be settled on and divided after a marriage dissolves. This can include anything from the family home, investments and business assets. Generally speaking, the home that was once shared usually has to be sold and the proceeds divided among both parties. If not, one spouse usually needs a new mortgage to own the home on their own.

Moving into a home on your own and being solely responsible for its mortgage payments can seem overwhelming. This is why it’s crucial that you team up with a divorce mortgage broker Alberta that can help you move forward. The process can be somewhat complicated and is best handled by a mortgage professional with experience and access to the right lenders.

Making proper preparations during the separation process to get yourself a mortgage is a wise decision that can help you manage the entire situation of being approved for the necessary mortgage you will need to finance your new place. There are a number of roadblocks that you may not think of when it comes to this, which is why having the right expert team in place is essential. For example, in the eyes of the court, spouses of a marriage that has fallen apart are still seen as married unless proper legal documentation has been drafted up stating that you are either separated or divorced. Such a situation can have major impact on getting the mortgage you need for your own place.

If you are getting divorced and are seeking to divide your family home in hopes of getting your rightful proceeds to finance your own place, call on a professional mortgage broker like Jim Black and his team at Mortgage Loans Alberta to help you prepare your finances and begin your journey to sole home ownership. This team has helped a number of people just like you maintain financial independence after a divorce, and get the mortgage needed to buy their own place. Give Jim and his team a call today at Tel: (877) 394-9422. They are the hard to place mortgage experts in Lethbridge, Calgary, Medicine Hat, Red Deer and other areas of Southern Alberta.

Saturday, August 17, 2013

Divorce Mediation Ontario as Alternative to Court

What is Divorce Mediation?


Divorce mediation in Ontario is an alternative approach to settling separation issues and dissolving a failed marriage. Many times ex-spouses go directly to court with their divorce proceedings without weighing the other options available to them to end their marriage. As stressful as divorce can be, divorce negotiation, mediation, or arbitration can be viable options for divorcing couples.

Divorce mediation is a method of ending a marriage outside of divorce court. Instead of having a judge sort out your marital issues for you, divorce mediation allows the ex-spouses to sort these issues out themselves so that each party is satisfied with the outcome. This voluntary process is highly confidential, and involves a mediator who will help each party settle their issues reasonably.

How Divorce Mediation Helps All Parties Involved


Many people have heard horror stories of messy divorce battles being dragged through the court. This can be incredibly stressful and emotionally disturbing for all parties involved. Divorce mediation in Ontario is an alternative method that does not involve a judge or a court, and helps ex-spouses settle their marital issues as calmly and respectfully as possible. This method is especially helpful when it comes to children, who more often than not end up carrying some of the burden of a divorce. Mediation can help lighten the load off of these kids who have already been through enough with the separation of their parents.

In a mediation situation, an appointed Mediator will be present during meetings between divorcing couples, and  help to facilitate the entire divorce process to allow each party come to a solution that all parties can agree to. Any emotional tension present between parties is alleviated with the help of a professional mediator, who usually has legal training to answer questions regarding precedence and procedure.



Getting Help From a Professional Divorce Mediator


Diane Daly is an experienced divorce lawyer who has helped countless families end their marriages in a more cooperative and respectful manner.  Diane is trained in Collaborative family law as well as negotiation, mediation and arbitration.  With over 20 years’ experience in family law and mediation, Diane can help you avoid the trauma of divorce court. With the help of Diane and her team, you and your spouse can reach an agreement, end your marriage amicably, and move on with your lives with a renewed perspective. Call Diane and her team today at (905) 844-5883.

Wednesday, July 24, 2013

Collaborative Family Law

Separation and divorce are extremely stressful for a couple ending their marriage. When children are involved, it is even more upsetting. Unfortunately, divorce is not uncommon. According to Statistics Canada, 28,805 couples in Ontario divorced in 2005. Currently, it’s expected that 37.7% of marriages will end in a divorce before the 30th anniversary. An aggressive and long legal battle can emotionally scar all parties involved. There are alternatives to going to court that make the divorce process less damaging. They also tend to be less expensive and quicker than court battles.

A relatively new process to divorce is collaborative family law, which uses a team approach to assist spouses in resolving issues that must be resolved upon the end of a marriage. The collaborative “team” includes both spouses, their lawyers, and any other professionals they feel are needed (for example, financial experts and family specialists). Usually, lawyers are specially trained in collaborative family law in Ontario. This team approach is cost effective and efficient because the spouses have access to the right expertise at the right time.

In collaborative family law, separating spouses work together and control the process (rather than lawyers or a judge). If both parties agree to use the collaborative model, a Participation Agreement is signed by the spouses, their lawyers and any other professional members of the team. The spouses identify issues, generate options and choose solutions that meet the needs of both parties and their children. The collaborative family lawyers then draft a separation agreement based on the decisions.

The goal of collaborative family law is to assist separating spouses and their children to achieve the best possible outcome for all involved. It encourages mutual respect and emphasizes the needs of children. Through open communication, full and transparent financial disclosure, both parties address their concerns and interests. The collaborative approach keeps you in control of the process and keeps it out of the courts.

In the Greater Toronto –Greater Hamilton Area, call Diane Daly, a specially trained family lawyer, mediator and arbitrator with over 20 years’ experience. You can learn more about collaborative family law on her website: www.OakvilleLaw.ca.

Wednesday, July 3, 2013

Collaborative Family Law May Be Your Best Divorce Alternative

Divorce is very stressful for a couple ending their marriage. When children are involved it can be even more psychologically damaging. An aggressive and long legal battle can emotionally scar all parties involved. There are alternatives to going to court that make the divorce process less damaging, and also tend to be less expensive and quicker.
Collaborative family law is a cooperative approach to divorce. This model uses a team approach to assist spouses in resolving issues arising upon separation. The collaborative “team” includes both spouses, a collaborative family lawyer, and any other professionals they feel are needed (e.g. financial experts, family specialists). Often, lawyers are not needed for all aspects of the negotiation. This approach is cost effective and efficient because the spouses have access to the right expertise at the right time and the process is more in their control than divorce court.
In collaborative family law, spouses control the process and work together. If both parties agree to the collaborative model, a Participation Agreement is signed by the spouses and all professionals involved. During a series of confidential meetings, a collaborative family lawyer supports the spouses in identifying issues, generating options and choosing solutions that meet the needs of both parties. A separation agreement is then drafted. Collaboration eases the emotional strains of a separation and protects the well being of the children. Through open communication, full disclosure and mutual respect, both parties address their concerns. This paves the way for smooth transitions and positive interactions in the future. People who reach agreements themselves tend to be more satisfied than those who have decisions imposed on them by a judge.
Collaborative family law is voluntary and both parties must cooperate in the settlement meetings. If either spouse decides to go to court, everyone on the team must withdraw from the process. This is an incentive for everyone involved to be committed to negotiating and coming to agreements. The collaborative family lawyer’s role is to provide legal advice, and coach the spouses in an organized framework to agree on the terms of a separation agreement.
Collaborative family law will not work for everyone, but it is a viable and preferred method for many families.

Tuesday, July 2, 2013

Separation And Divorce – A Dignified Approach

Separation and divorce can be extremely stressful for a couple ending their marriage.  When children are involved, the process can be even more devastating.  An aggressive and long legal battle can emotionally scar all parties involved.  There are alternatives to going to court that make the divorce process less damaging.  These alternative models also tend to be less expensive and quicker than court battles.
Collaborative family law is a dignified and cooperative approach to separation and divorce.  This is a relatively new process that works best with couples who can speak reasonably and rationally to resolve their issues.   The collaborative family law model uses a team approach to assist spouses in resolving issues that arise upon the end of a marriage.  The collaborative “team” includes both spouses, their lawyers, and any other professionals they feel are needed.  Financial experts (such as accountants, business and pension valuators) and family specialists (such as therapists and parenting coordinators) may be included.  With advice and assistance from the lawyers, the spouses decide who they need on their team.  Often, lawyers are not needed for all aspects of the negotiation.  Using this team approach is cost effective and efficient because the spouses have access to the right expertise at the right time.
In collaborative family law, separating spouses control the process (rather than lawyers or a judge) and work together.  If both parties agree to use the collaborative model, a Participation Agreement is signed by the spouses, their lawyers and any other professional members of the team.  During a series of confidential meetings, the spouses (with support from their team) identify issues, generate options and choose solutions that meet the needs of both parties and their children.  The collaboratively trained lawyers then draft a separation agreement based on the decisions.
Collaboration eases the emotional strains of a separation and protects the well being of the children.   The goal of collaborative family law is to assist separating spouses and their children to achieve the best possible outcome for all involved.  Collaboration encourages mutual respect and emphasizes the needs of children. Through open communication as well asfull and transparent financial disclosure, both parties address their concerns and interests.  This process paves the way for smooth transitions and positive interactions in the future.  People who reach agreements themselves tend to be more satisfied in the long run than those who have decisions imposed on them by a judge in court.The collaborative approach keeps you in control of the process and keeps it out of the courts.
Collaborative family law is a voluntary process for resolving conflict in a separation.  Both parties must cooperate in the settlement meetings.  If either spouse later decides to go to court, then everyone on the team must withdraw from the process, including the lawyers.  This is an incentive for both spouses and their lawyers to be committed and focused on negotiating and coming to an agreement.The lawyer’s role is to provide legal advice, and coach the spouses in an organized framework to agree on the terms of a separation agreement.  Collaborative family law is not for everyone, but it is a viable and preferred method for many families going through separation and divorce.

Tuesday, June 11, 2013

Avoid Divorce Court with Collaborative Family Law

collaborative family lawyer Oakville
Divorce is an incredibly stressful situation for everyone involved, especially the children. Collaborative family law is a method of encouraging collaboration and cooperation among divorcing spouses by attempting to reach agreements in a dignified and respectable approach. The goal is to have the divorcing spouses work cooperatively to settle issues for the separation agreement to make the divorce process smoother. The most important people in the picture are the children, who truly have no voice when their parents face divorce. By creating an atmosphere where the issues are dealt with privately - outside of the court - in a rational demeanor, settlements can be reached much quicker and affordably, as well as much less emotionally with the help of a collaborative family lawyer.

Cooperation and Communication

The two keys of coming up with an agreeable settlement is cooperation and communication. Without these two elements, a settlement will be lengthy, drawn out, and emotionally draining. It is imperative for the divorcing parties to have some amount of mutual respect for each other - and for their children - in order for them to set aside their differences in order to come to an agreement. The most important aspect in these agreements and settlements is to ensure that all parties leave with some amount of dignity and integrity by using the expertise of a collaborative family lawyer.

What is Collaborative Family Law?

In essence, collaborative family law is a voluntary process whereby conflicts are resolved in a cooperative manner for all involved. Parties involved enter into a "Participation Agreement" where all parties - including their respective lawyers - agree to the process. This process attempts to resolve any issues or conflicts without having to drag out the dissolved marriage through the courts to let a judge make decisions. Doing so can save a time, money, and a lot of heartache.

The lawyers involved in this process are there to provide legal advice to their clients, and help them come to an agreement in the settlement of their estate, affairs, and their children (if any).

What Are the Advantages of Collaborative Family Law?

The advantages of such an approach are obvious. The encouragement of a cooperative and respectful dissolution of marriage will save emotional distress for both the divorcing couple and their children. In addition, the money saved by keeping the divorce out of the courts can be significant. And lastly, the ultimate decision on the estate, finances and the children are completely up to the divorcing couple - rather than leaving it up to a judge to decide what happens with these situations.

Getting the Experts on Your Team

Diane Daly has been helping divorcing couples amicably end their marriage with as much dignity as possible. She is a member of the International Academy of Collaborative Professionals, Ontario Collaborative Law Federation, Hamilton-Halton Collaborative Practice Group and the Halton-Peel Collaborative Practice Group. She is highly trained and knowledgeable in this field. Diane and her team are extremely concerned about any dependents or children involved in the dissolution of a marriage, and help families move on to a better tomorrow.

If you are looking for a collaborative family lawyer Oakville or other areas of Southern Ontario, give Diane and her team a call today at 905 844-5883 and attempt to resolve your marital issues out of the courts with their expert assistance.