The Divorce Process

Oakville is home to over 180,000 residents and offers many wonderful family oriented neighborhoods. Oakville’s proximity to Toronto makes it attractive for many professionals that work downtown. Oakville is home to many affluent families, but rich or poor, couples do separate and that is when a good divorce lawyer is needed.

The words “separation” and “divorce” are often used interchangeably, but are, in fact, distinctly different in legal terms. The term “separation” applies when a married or cohabiting couple separate and no longer live together. Separation does not have much legal effect by itself, without a separation agreement. A divorce is a legal act where a marriage is legally terminated by a court order. One may not legally remarry until they have been granted a divorce.

In obtaining a divorce ideally, the first step is to negotiate the terms of a separation agreement. A separation agreement includes: spousal support; division of property; division of debt; custody and access of children; child support; and responsibility for and contribution to child-related expenses. Separation agreements are legally binding contracts, so it is important to know all of the legal consequences of your decision. It is also important that you have full and accurate information about your spouse’s financial situation before you sign a separation agreement. A written and signed separation agreement is necessary to avoid future conflicts and serves as proof of obligation in the case that your spouse stops respecting the agreement.

While separation agreements resolve family issues, they do not legally end a marriage. If you have a signed separation agreement, you can obtain an uncontested divorce. If you and your spouse can not agree on terms of a separation agreement, then you will need to complete an Application for Divorce and go to court where a judge will make decisions on custody, support and property issues. This is called a contested divorce.

There are options for couples that are willing to communicate and cooperate so they can avoid going to divorce court. Some options are divorce mediation, arbitration and negotiation, using trained legal counsel in Ontario. If you are in the Greater Toronto area, call the experts at Daly law at (905) 844-5883, or visit their website at www.OakvilleLaw.ca. Many alternatives to divorce court are quicker, less expensive and easier on the spouses and any children affected by the separation.

Separated and Ready to Begin a New Chapter

No one enters a marriage with the intent for it to end at some point in the future. Unfortunately, separation and divorce happens, and it happens more often these days. Between dual careers, increased responsibilities, social media and nonstop information inundation, there is more pressure on couples than ever before. Spouses grow apart, things happen, and there’s often no hope of reconciliation.

It is an extremely difficult time, so you want to make the divorce process as smooth as possible. If you’re recently separated and are looking to start a new chapter in your life, you can do so in a more dignified manner, avoiding divorce court,yet do it in a way where your best interests are protected.

Get an Experienced Divorce Lawyer on Your Side

The first step is to get a skilled, experienced, and caring divorce lawyer to explain your options and secure your future going forward. It’s imperative that you be in contact with such a professional in order to protect your best interests, assets, and anything else that you’ve shared while married.

Before you make any move, you need to speak with Oakville divorce lawyer Diane Daly. This experienced divorce lawyer will guide you step by step during the separation and divorce process to help you on the road to a better tomorrow. Ideally, once separation is imminent, a separation agreement should be put in place to deal with all matters related to your marriage, including:

• Child custody
• Child support
• Spousal support
• Division of property and debt

This is a stressful time, but it doesn’t have to be made more painful than it already is. Resolve your differences with dignity and respect, keeping control of the process rather than letting a judge make all the decisions. Diane Daly and her team at Daly law can show you alternatives to divorce court, including negotiation, mediation, arbitration and collaborative family law in Ontario. If there are children involved, then avoiding a long and expensive legal battle is especially important. Set the stage now to have a better future going forward.

Be informed of all your rights, what you’re entitled to, what your responsibilities are, and the exact steps that you should take to get through this difficult process.

Call Oakville divorce lawyer Diane Daly and her team at Daly Law at (905) 844-5883, or visit her website at OakvilleLaw.com for more information on how you can be protected during your separation process and get on the path to a new beginning.

Opting For A Collaborative Approach to End a Marriage

Collaborative Family Law

Divorce is never an easy process for anyone involved, however, it can be dealt with in a more amicable and reasonable way. Often divorce proceedings through the courts can get messy, and have a detrimental emotional effect on the separated couple as well as any children involved. Rather than leaving decisions for dissolving a marriage up to a judge, consider Collaborative Family Law as an option.

If both parties can communicate rationally with each other, Collaboration can be a more peaceful way to dissolve the marriage so the couple has more control over the process of separation to resolve issues satisfactorily. This type of approach encourages cooperation and open communication between parties in the best interests of long-term commitments and moving on to a better tomorrow.

The voluntary process of Collaborative Family Law requires all parties, including the Oakville collaborative family lawyer from each party, to sign a Participation Agreement which binds everyone involved in the process of collaboration for the termination of the marriage. This helps to make sure that all parties and lawyers remain committed to negotiating successfully. The collaborative family lawyer helps the parties come to terms in the separation agreement, protecting the interests of the children and couple going forward.

If it is decided later by one of the divorcing spouses that divorce court is how they want to proceed, then everyone who entered upon the Participation Agreement must agree and withdraw from the process.

If you are in the process of separating and are looking to divorce, but would prefer not to take it to court, Collaborative Family Law may be a viable option for you. Diane Daly at Daly Law is an experienced Oakville divorce lawyer who assists couples in reaching a divorce as amicably and rationally as possible through the use of Collaborative Family Law. Diane has the credentials and over 26 years of experience helping divorcing couples to reach a settlement that everyone can be satisfied with.

Other options to avoid divorce court include mediation, arbitration and negotiation. Visit ww.OakvilleLaw.ca today and find out all the options you have when it comes to ending your marriage peacefully and preparing for a new chapter. You can also reach Diane’s team at (905) 844-5883 to book a consultation.

Using a Family Law Mediator to End Your Marriage Amicably

Going through a divorce is extremely difficult, both on the separating spouses as well as the immediate family members, particularly the children. Going through divorce court can have dire emotional consequences for all parties, since the control over the process is in the judge's hands rather than the separating couple.

Divorce Court Is Not the Only Option

Luckily, there are other options available to spouses who are looking to end their marriage as quickly and amicably as possible. Using a family law mediator is one such option. Issues are dealt with in the absence of a judge, who would otherwise be the ultimate dictator of how issues will be worked out.

How Does Divorce Mediation Work?

The process of mediation is a much faster, generally less expensive and less stressful means of divorcing as opposed to going to divorce court. For couples willing to work together in a problem solving approach, mediation can be a better where each side works to move on to a better tomorrow. With a family law mediator, marital issues are settled out of court, in the presence of a Mediator who acts as an unbiased third party that helps to work out terms for the separation agreement that satisfies the needs of both parties.

All parties enter into a Mediation Agreement voluntarily and confidentially, which sets out how they will work through their specific issues. The neutral Mediator helps the participants identify the pertinent issues that must be addressed in the separation agreement, and helps them resolve them in an efficient, amicable manner. It's a much more positive way of taking care of such issues without having to resolve to court proceedings. Other options for avoiding divorce court include negotiation, arbitration and collaborative family law.

Get the Experts in Family Law Mediation On Your Side

Your first step to ending your marriage in Ontario is to get a professional, experienced and caring attorney on your team to help you sort through your separation and divorce, and to help you identify your rights and options. Diane Daly at Daly Law is a family law mediator who has over 20 years of experience helping couples end their marriage in the more positive manner to start the future chapter right.

Diane has worked with families all over the GTA and surrounding areas, including Oakville, Burlington, Hamilton, Milton and all areas of the Greater Toronto Area. Let her use her legal solutions that are based on mutual respect to help you end your marriage quickly and quietly. Call Diane and her team today at (905) 844-5883 or visit www.oakvillelaw.ca to learn more about your options for separation and divorce.

What Is Divorce Arbitration?

Separation and divorce can be one of the most emotionally and financially frightening experiences for anyone to go through. A lot of the fear stems from not knowing what to do or what to expect. When you know what to expect, everything becomes easier to deal with. While getting divorced is likely to be uncharted territory for you, arming yourself with as much information as possible will help you make a smooth transition to your new life. Taking control of the divorce process by educating yourself, will go a long way to alleviating your stress and making the divorce process easier to deal with.

To get a divorce in Canada, there must be a breakdown of your marriage. The law says marriage breakdown has occurred if a) you and your spouse have lived "separate and apart" for one year with the idea that your marriage is over; b) your spouse has committed adultery (had sexual intercourse with someone else) and you have not forgiven your spouse; or c) your spouse has been physically or mentally cruel to you, making it unbearable to continue living together. Cruelty may include acts of physical violence and those causing severe mental anguish.

Most people begin their divorce process based on the spouses having been separated for one year, even if there has been adultery or cruelty. Proving adultery or cruelty is both expensive and time consuming and really does not gain you anything additional in terms of property entitlement or involvement with your children. Filing for divorce on the grounds of cruelty or adultery will simply make your divorce case much more expensive. In addition, filing on the basis of cruelty or adultery will generally make resolving the other issues in your divorce more difficult. Finally, because of the backlog in the court system, even if you choose to proceed on the grounds of cruelty or adultery, you probably won't be able to get your divorce in less than a year in any event.

An aggressive and long legal battle can emotionally scar all parties involved. If a divorce goes through a court of law, a judge who is to make rulings based on the laws of the judicial system oversees it. The judge really does not have much leniency since he or she must follow the book. The decision is based after a brief hearing all of the evidence and then rulings are made depending on the judge's interpretation of current divorce laws. You are unable to appeal these decisions if you are unhappy with them.

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. Divorce arbitration is an alternative to going to court to settle these issues. In fact, it is a lot like private court. Divorce arbitrators are similar to judges in that they are neutral decision makers and are normally a senior family law lawyer. They make decisions on the case that both parties are bound by. If you and your spouse choose arbitration as the way to settle the issues that you cannot agree upon, you must abide by the arbitrator's decisions and their imposed settlements. The arbitrator will render decisions based on the details of the case and the law in Ontario. If you are unhappy with the outcome of the divorce arbitration decision, you can appeal it under certain circumstances. This is covered by section 45 of the Arbitration Act of Ontario.

Compared to going to divorce court, arbitration is generally faster, less costly, and less formal. It is also easier on the families, particularly the children. Learn about the alternatives to divorce court and what is best for you under Ontario Law.

Divorce Mediation – An Alternative To Divorce Court

Divorce mediation is an alternative to going through the court process, which can be lengthy, costly and stressful. The time you spend preparing documents for court is time away from your job and family. Scheduling conflicts between litigants and courts can cause expensive delays. You pay for each hour your lawyer spends waiting, even if no progress is made on your case. Seeing your spouse in court can be draining – physically and emotionally.

Courts are adversarial in nature and encourage combat, which negatively affects your family dynamic when the legal proceedings are over. People feel out of control in court and outcomes are unpredictable. You may have to make important decisions about settlements in just a few seconds in a crowded hallway. There may be only a few minutes to present your case to the judge. The anticipation waiting for the court order is stressful, and you may not be happy with the outcome. You may feel as if the judge didn’t read your papers or listen to your lawyer. Yet the court’s order stands and can turn your world upside down.

Divorce mediation is an alternative to standing before a judge in court. It is a problem solving approach to separation and divorce involving a divorce mediation lawyer. The goal is for the spouses to work as a team towards finding the right settlement for themselves and their children. The parties and the mediator sign a Mediation Agreement which outlines the way all the issues will be worked out. With support from the mediator, the participants identify issues that need to be resolved and options for resolving them. In mediation, you determine the issues and schedule. You make the decisions that you will have to live with. You have the flexibility in taking time consider how these decisions will affect your family in the long term. The process is generally faster than going to court. You also control the cost, which is significantly lower than going to court. Mediation is emotionally healthier for you and your family – the focus is communicating better, which is especially important if children are involved.

There are many issues that arise on separation, including: how the parties determine the value of their assets and debts and how to divide those (division of property); where the children will live and on what schedule (custody and access); how parents will support the children (child support); and how parents will support themselves and each other (spousal support). Sometimes there are also businesses and pensions that need considering. It is important that parties have a basic understanding of 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 mediator’s role is to be neutral and help the parties find a solution they can both agree to. Mediation is generally a more positive and predictable process than adversarial strategies. Unlike judges and arbitrators, mediators do not impose settlements or make decisions on cases. Mediators merely support the spouses and facilitate the process. They are trained professionals who help diffuse emotional tension between the two spouses and direct the focus to reaching an agreement.

After agreement is reached, usually the mediator prepares a Memorandum of Understanding, which parties then take to their respective lawyers, who can make last minute revisions, if necessary. If parties cannot reach agreement with the help of a mediator, they will need a judge or an arbitrator to decide.

Getting Your Own Mortgage During a Separation or Divorce

Getting Separated or Divorced? Your Joints Assets Will Need to Be Separated Too

As if going through a separation or divorce wasn’t tough enough, having to deal with the division of joint assets and property can make things that much tougher. One of the main items involved in division of assets is the family home. If you don’t have the right team or help behind you, this process can be extremely difficult.

It’s vital to protect yourself and your children when it comes to getting your fair portion of the family home, and making the necessary preparations for getting a divorce mortgage. There are special guidelines for those getting divorced and splitting up the funds from the family home. Having a legal expert guide you through these guidelines and stipulations can making the process much more streamlined and efficient.

As far as the courts are concerned, you’re still legally married until the divorce has become finalized. The documentation involved in a separation and divorce will stipulate things such as alimony, division of assets, child support and all sorts of other factors that go along with the breakdown of a marriage. These factors can all play a part in your ability to get financing for an Alberta mortgage when you are going through a divorce. During the divorce process, you will need to take control over your credit score and take full control over your finances.

If you find yourself in the position of looking for a divorce mortgage in Alberta, do yourself a favor and get in touch with a certified mortgage specialist that specializes in hard to place mortgages, like Jim Black at Mortgage Loans Alberta. He’s helped a number of people going through a separation and divorce, and has helped them get back on their feet financially so they can move forward with their lives with their own home.

Go online today at MortgageLoansAlberta.ca and let Jim and his team help you prepare for your new lease on life. Go with experience and get started right away by calling (877) 394-9422.