Thursday, April 9, 2015

Divorce Mediation - Your Alternative to the Courts



Separation Process

Are you facing divorce? Are you concerned about bringing your divorce proceedings in front of a judge, and basically giving up control over the dissolution of your marriage? Thankfully, there are other alternatives to standard court litigation when it comes to ending a marriage and settling all matters during the separation process. If you are contemplating divorce, then a process known as ‘divorce mediation’ might be the best choice for your situation.

What is Divorce Mediation?

With a mediation process to end a marriage, a neutral third party selected by both parties is brought into the picture to act as a buffer and help settle matters in the separation agreement. Mediators help to maintain a level of mutual respect among the divorcing couple so that the proceedings can generally go quickly, calmly and rationally. Each spouse has a great amount of flexibility and control over the negotiation process, and ultimately both agree in making the final decisions in regards to all things related to dissolving the marriage. An Oakville, Ontario divorce mediator will ensure that both parties are fully aware of their rights and responsibilities when it comes to settling marital matters.

What matters are dealt with in the separation process?

Many things are dealt with and settled during the mediation of the separation process, including:

  • Distribution of property, including all assets and liabilities
  • Distribution of business property
  • Retirement issues (RRSPs, pensions, etc.)
  • Taxes
  • Child support
  • Child custody
  • Spousal support

End Your Marriage Respectfully Using Mediation

If you are in the Oakville or surrounding areas and are looking for an amicable alternative to divorce court, mediation may be perfect for you. Although each party should have their own separate and independent divorce lawyer, a mediator can be the perfect way to settle matters efficiently and respectfully. Diane Daly is a family mediator who has been in the business of helping families move on to a better tomorrow for over 25 years. Diane puts the best interest of the children first in order to ensure that everyone is protected during the divorce process. To find out more about mediation and the rights you have, contact Diane today by visiting www.oakvillelaw.ca or call 905 844-5883.

Wednesday, April 8, 2015

Protecting Yourself and Your Family Through a Divorce


The process of a separation or divorce is never an easy one, neither for the divorcing couple nor for the children and immediate family. It’s quite common for emotions to run high during such a stressful time, which makes it more important than ever to have a neutral third party get involved to help make the process run smoothly.  You will want an experienced lawyer to discuss your options with and to ensure everyone is protected as you go forward.

The first stage of a divorce proceeding usually involves a separation agreement, where terms are negotiated between representatives of both parties in order to divide assets and property. When children are involved, they should be dealt with as delicately as possible within the separation agreement. All this usually must be taken care of before a divorce can be finalized in the courts.

Since the signing of a separation agreement affects you and your children for the rest of your lives, it’s crucial to understand all of the consequences associated with all of the decisions you must make in creating the separation agreement. This contract is legally binding, meaning that you are bound to the stipulations set forth within the agreement. Having a complete understanding of all the information contained within the agreement, and ensuring accuracy is of utmost importance.

For this reason, you need to be in touch with an experienced Oakville divorce lawyer who will make sure you are fully aware of all the stipulations outlined in the separation agreement so that you make sound decisions before your divorce is finalized.

Diane Daly, a seasoned lawyer, divorce arbitrator and mediator has over 20 years’ experience – helping families move on to a better tomorrow. Daly Law in Oakville offers several options when it comes to divorce, including mediation, arbitration, collaborative family law, and traditional divorce negotiation services. Diane will provide you with a detailed insight into your rights and responsibilities when it comes to separation and divorce so that the decisions you make are the right ones. Diane puts children first, protecting their rights in the near and distant future.  She can explain your options for separation and divorce to lessen the trauma during this trying time.

Get in touch with Diane Daly at Daly Law, a highly skilled Oakville divorce lawyer, and get informed about your rights and the law in Ontario regarding the process of separation and divorce.  Protect your interests and move on to a better tomorrow by phoning (905) 844-5883.

Friday, March 20, 2015

Divorce Arbitration Ontario as an Alternative to the Court



When a marriage falls apart, the entire situation is incredibly stressful and devastating to the entire family, including extended family. The idea of divorce is bad enough, so it’s in everyone’s best interests not to turn something bad into something even worse with a messy divorce. There are a few options for divorcing spouses to undertake when they are dissolving their marriage. One of these options is inviting an Arbitrator into the picture to help dissolve the marriage as amicably as possible. Doing so will make the situation much less stressful, and will help the parties leave the marriage feeling satisfied with what they have agreed upon during negotiations. Diane Daly is a divorce lawyer who also practices divorce arbitration Ontario in order to help all parties leave the marriage with as much dignity as possible.

What is Divorce Arbitration?

Divorce arbitration involves inviting a neutral third party into the negotiation process between the divorcing couple. This arbitrator acts as an unbiased third party who is there to help make the negotiations go smoothly, and to offer sound advice that makes sense for all involved. Arbitrators decide the cases, and both sides need to be in agreement and bound by this final decision. This is an alternative to bringing your divorce case to the courts in front of a judge, which can be much more invasive and emotionally agonizing for all family members involved, especially the children.

Advantages of Using an Arbitrator

Choosing divorce arbitration Ontario allows the parties to keep their divorce out of the courts. By keeping it out of the courts, the divorce can be dissolved much quicker and with much more integrity and ease. Setting dates for arbitration is so much easier and quicker than setting dates to present your case in court. In addition, the arbitration process is usually much less expensive than going through the court system.

The arbitration hearings are scheduled around each party’s schedules, and not around the court’s availability, which means that the divorcing couple does not have to wait around for a court date that may or may not coincide with their own work or personal schedules.

Choosing an Arbitrator

You want to make sure that you choose a lawyer who is well versed in divorce arbitration for Ontario, or your state/province.  Look for a divorce arbitrator who is experienced, professional and caring. Both parties should agree on the arbitrator that they would like to use. This person needs to be fully competent and reliable, as well as impartial. All these factors are important because the arbitrator’s final decision which will be binding on both parties, so you want to make sure you choose someone who has a great track record making sound decisions.

Diane Daly and her team have been helping divorcing couples deal with separation and divorce settlement in a variety of ways that help pave the way to a better tomorrow.  There are alternatives to divorce court including arbitration as well as negotiation, mediation and collaborative family law. Diane has plenty of experience in these delicate situations, and has a deep compassion for those most vulnerable in these situations, namely the children. Call Diane and her team today at (905) 844-5883 to help get the arbitration process started in order to avoid the costly and emotional court system.

Thursday, March 12, 2015

Seeking Other Options for Divorce


My husband and I have been having a lot of problems in our marriage we have even discussed divorce. I went and talked with my sister about it and she told me that I should contact a Divorce lawyer Mississauga. She said there are divorce lawyers who will suggest alternatives to going to divorce that are quicker and easier on the couple and families.

Mississauga Divorce lawyer Seeking Other Options for Divorce

Divorces can be long, messy and expensive. For couples that are able to still rationally and reasonably deal with one another, there are alternatives to divorce court. It is best to find a family lawyer with experience in mediation, arbitration and collaborative family law. Collaborative family law is where each partner has a lawyer represent them and they sit down to make a separation agreement. All income, assets and debts must be accounted for and divided. Responsibility for the children and child or spousal support must also be determined. Collaborative family law looks to find the best solutions for all family members as a way to go forward to a better tomorrow. It is a more respectful and collaborative approach to divorce.

There are alternatives to court and processes that promote collaboration and preserve dignity. We discovered that it pays to learn your alternatives and find an experienced collaborative family lawyer who can help you understand your options and the process that is best for your family and your future.

Wednesday, March 4, 2015

Divorce: Options for Consideration


There are alternatives to going to court that make the divorce process less damaging. These alternative models also tend to be quicker and cheaper than court battles. Alternatives to divorce court include mediation, arbitration and collaborative family law.

Mediation is suitable for couples that prefer to discuss their options and negotiate themselves, but need the support of a neutral third party mediator to facilitate their negotiations. The mediator aids the spouses in generating solutions for each of the issues that have arisen 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. The mediator merely guides the spouses in making decisions together. As the mediator is a neutral third party, they can give you legal information (if they are a trained lawyer) but not legal advice. Both parties should consult their own lawyers independently for legal advice at some point during the divorce process.

When a divorce cannot be resolved through negotiation or mediation, arbitration is an option. Arbitrators are similar to judges in that they are neutral decision makers. Unlike mediators, they make decisions on the case that both parties are bound by. If you and your spouse choose arbitration as the way to settle your issues, you must abide by the arbitrator’s decisions and their imposed settlements. The arbitrator will make decisions based on the facts of the case and the law in Ontario. Compared to going to court, arbitration is generally faster, less costly, and less formal.

A relatively new process to divorce is collaborative family law, which 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 (for example, financial experts and family specialists). Often, expensive 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 and work together. If both parties agree to this collaborative model, a Participation Agreement is signed by the spouses, their lawyers and members of the team involved. The spouses identify issues, generate options and choose solutions that meet the needs of everyone involved. The collaboratively trained 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 disclosure, both parties address their concerns. The collaborative approach keeps you in control of the process and keeps it out of the courts. It is important to get a specially trained collaborative family lawyer if this is the process you choose.

You do have options and alternatives to divorce court which are easier and faster for all involved.

Monday, March 2, 2015

Facing Divorce? Think Arbitration

Facing Divorce? Protect Yourself Through Divorce Arbitration

divorce arbitration Oakville MississaugaIf you are contemplating divorce, you should know that you have options when it comes to dissolving your marriage. You should also know that there are ways to make the divorce process quicker, less stressful, and less expensive than traditional court settings. If you are looking for a more civil way to end your marriage while protecting your best interests and the interests of your children, then divorce arbitration Oakville Mississauga just might be for you.

How Does Arbitration Differ From Mediation?

Divorce arbitration is somewhat similar to mediation, where a neutral third party is involved, such as your family divorce lawyer. However, the two processes differ in that the third party does not make any final decisions in mediation, whereas, they do have the final say in arbitration. Divorce arbitration is a viable option if negotiation or mediation does not settle matters.

Why Choose Arbitration?

Many families choose arbitration because of the advantages it provides them over divorce court. Since there is much less time spent in court litigations, both time and money can be saved. Rather than dragging out details of the marriage in front of a judge, the separated couple can reach a resolution much quicker through arbitration, and save themselves from unnecessarily prolonged periods of stress during the divorce process.  Arbitration works well for families trying to move on to a better tomorrow as there is some willingness to cooperate.

Spouses are also given the opportunity to select their arbitrator, rather than being sent in front of a judge they do not know. Spouses can set the rules to follow during arbitration, giving everyone much more control and flexibility over the entire situation.

Talk to a Family Divorce Lawyer About Arbitration

Explore everything there is to know about divorce arbitration by speaking with an experienced divorce lawyer, like Diane Daly, who is trained as a divorce arbitrator in Ontario. Diane has been helping families amicably dissolve their marriages for years, and always has the family’s best interests at hand. She cares about her clients, and does everything she can to have the process go smoothly so that the divorce can be finalized efficiently and with as little stress as possible. Find out more about arbitration, and contact Diane and her team at www.DalyLaw.ca today or (905) 844-5883.

Friday, February 27, 2015

How a Divorce Lawyer Burlington Ontario Can Help Get You Through a Tough Time


Going Through Separation and Divorce

Anyone who goes through separation and divorce will attest to the fact that this can be a very trying time, and a process that can evoke a great deal of emotions and stress. The entire family is affected, not just the divorcing spouses. Children in particular can be greatly affected by this traumatic event, which can have long-term consequences if the process is drawn out and messy.

Separation Agreement – A Necessary Step

Before you can begin divorce proceedings, you need to first negotiate the terms of a separation agreement. It’s important to distinguish between “separation” and “divorce”. Separation refers to spouses who separate for a specific length of time and no longer wish to cohabitate.  Separation does not have much legal effect until a separation agreement is put in place.

During the negotiation of the separation agreement, any children involved will be addressed within the separation agreement.  The agreement is a legally binding contract that will affect all parties for the rest of their lives.  To know your rights and to set the stage for your new life going forward, it is important to hire an experienced divorce lawyer Burlington Oakville. In the separation agreement, it is important that the best interests of the children are taken into account before carrying on with any divorce proceedings. In addition to the well-being of the children, other issues will be addressed in a separation agreement, including:

  • Child support
  • Child custody
  • Spousal support
  • Division of property
  • Division of business (should the spouses own a company)
  • Division of debt

Getting a Professional Divorce Lawyer to Help

Having a separation agreement put into place that protects the interests and rights of the parties is necessary before proceeding with a divorce.  There are alternatives to divorce court including negotiation, mediation, divorce and collaborative family law.  Knowing which one is best for your family requires the knowledge, know-how and assistance from a seasoned professional. A divorce lawyer, like Diane Daly, has the experience necessary to help you through the entire process with dignity and integrity.

Diane has over 20 years of experience helping divorcing couples and families get through a separation and divorce as quickly and painlessly as possible so that everyone can move on with their lives. She will educate you on all of the rights, responsibilities and options that you legally have under the law in Ontario so you are able to make sound decisions for your future and the future of your children.

If you are contemplating separation and divorce, call Diane and her team at (905) 844-5883 and get the help you need to amicably dissolve your marriage with the least amount of stress possible.  To learn more about your options for separation and divorce, visit: www.dalylaw.ca.

Tuesday, February 17, 2015

There Are Other Options to Divorce Court



Going through a divorce is never easy – not on the couple themselves nor their immediate family members. If separation is imminent, it’s always wise to get the appropriate parties in place to help you get through this challenging time. Luckily, divorce doesn't always have to get ugly – there are other options.

Avoiding Nasty Divorce Proceedings

Divorce proceedings that are dragged through the courts can often get quite nasty, with both sides going to great lengths to protect their needs. Often such court proceedings can go on for months, and even years, leaving all parties emotionally and financially exhausted and the ruling out of their control. There are other options available.

Divorce Mediation

Divorce mediation is a viable approach for those who are separated and want to end their marriage in a constructive manner where they maintain some control and dignity. Mediation is a problem solving approach that helps the couple sever their marriage amicably and respectfully, without having to resort to letting a judge handle all the details and decisions. This voluntary, confidential approach to divorce utilizes a third party who acts as the Mediator, who will help both sides work through all their issues in a calm and respectful manner.

A Mediation Agreement is signed by all parties, after which the participants identify the issues that need to be worked through and settled, including the joint home, business assets, child custody, and spousal support. The Mediator offersoptions to resolve such issues so each side can have their say. This is a much more positive approach to divorce as compared to traditional court proceedings.

Divorce Mediation Ontario

Diane Daly is a highly experienced divorce lawyer in the GTA and surrounding area and has helped countless clients sever their marriage respectfully. Diane is a divorce mediator Oakville that assists couples through the process of separation, allowing them to be in control over the issues rather than leave them in the hands of a judge.

If you are headed for divorce, consider divorce mediationin Ontario.Diane Daly has over 20 years’ experience in helping separating couples move on to a better tomorrow. Call Diane’s team today at (905) 844-5883.

Monday, February 16, 2015

A Divorce Mediator Can Help You End Your Marriage Respectfully and Quickly


Are you separated? Heading for divorce? Do you have a family home, children, or business assets that need to be considered in a separation agreement before your marriage ends? It’s crucial to have an expert in Ontario divorce law on your side to ensure that your needs and rights are protected, and to introduce you to all your options when it comes to ending your marriage in the quickest, most respectful way possible.

We’re all aware of how awful and unpleasant a divorce can get, especially when it is taken to court. Such proceedings can take months and even years to sort out, inevitably leaving each party completely drained. In the court setting, it is the judge who ultimately determines what will happen regarding each issue, rather than the spouses themselves. This is not the most ideal way to settle divorce issues.

What is Divorce Mediation?

Using a divorce mediator Oakville is a viable option to ending a marriage. Instead of taking your divorce proceedings to court, a neutral third party, called a Mediator, gets involved and helps participants settle their issues in a more amicable manner. Each party signs a Mediation Agreement before such dealings begin, after which both sides sort through issues from their marriage, including business assets, child custody and spousal support.

The Mediator helps to diffuse the tension between the two parties, and helps them come up with a solution that they both agree on. In the end, it is the spouses themselves who control the outcome of the divorce, rather than leaving it in the hands of a judge who may order the settlement of issues in a manner in which neither side is left happy or satisfied.

Look for an Accredited Ontario Mediator

If using a divorce mediator sounds like it would be right for you, you will want to get an experienced mediator who is familiar with Ontario divorce laws and requirements. A highly recommended mediator is Diane Daly of Oakville Law. Diane and her team have been helping divorcing couples end their marriages as civilly as possible to move onto a better tomorrow.

Rather than dragging a divorce through the courts, mediation is a much more amicable solution. Call Diane and her team today at (905) 844-5883 to inquire if this is the right option for you. They can also explain your options in terms of negotiation, arbitration and collaborative family law. Protect your interests going forward by being informed of your options for separation and divorce in Ontario.

Wednesday, February 4, 2015

Arm Yourself With Information When Separating With the Help of an Experienced Divorce Lawyer



The Emotional and Stressful Scenario of Divorce

The process of divorce is emotionally and financially taxing on a family, particularly when there are children involved. Being married and sharing the a life together then severing that partnership can be extremely stressful and sad for anyone,  even if the parting is inevitable. The divorce process itself can often be expensive, time consuming, and very stressful, especially when there is a home and assets to divide and child custody issues. Getting through the divorce is often one of the most emotionally draining processes anyone can ever go through.  It can be made easier when you make preparations by discussing all options with a divorce lawyer.  You will want to protect your rights going forward and prepare for your new future.

Avoiding Divorce Court

There are many things in life that you could probably tackle yourself; divorce is not one of them. You absolutely need to get an experienced divorce lawyer in Ontario on your side to help you protect your best interests, as well as the interests of your children. Divorce can often be a complicated matter, and it’s crucial that you have someone who is well versed in Ontario divorce law who can ensure that you settle all marital matters.

Issues such as child custody and support, spousal support, division of assets, and sale of the family home are all matters that will be dealt with in the separation agreement.  There are ways to avoid divorce court, including negotiation, mediation, arbitration and collaborative family law, that can make the process less painful for the family than a prolonged court battle.

Call the Experts in Divorce

When it comes to finding the right divorce lawyer Oakville Burlington, you will want to look for someone with experience. Diane Daly and her team have over 25 years experience in family law and finding solutions to help couples go through separation with dignity and integrity. Diane is committed to protecting the best interests of her clients to help them move on to a better tomorrow. Learn more about your options for separation and divorce by visiting http://www.OakvilleLaw.ca today.  You can also reach the team at Daly Law at (905) 844-5883.  They also handle custodial agreements, pre-marital agreements and other family law issues.  Daly Law has helps families go through the process of separation and divorce, emphasizing the needs of the children and helping individuals prepare for their new lives.  Diane’s team serves families in Oakville, Mississauga, Milton, Burlington, Toronto, Hamilton and other areas of Ontario.