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.