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.

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.

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.

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.

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.