A divorce decree establishes the new relations between the parties, including their duties and obligations relating to property that they own, support responsibilities of either or both of them, and provisions for any children. When a marriage breaks up, divorce law provides legal solutions for issues that the Husband and Wife are unable to resolve through mutual cooperation.
Every family law matter is stressful. Issues involving your children or marriage are emotionally-charged, and the legal process can add additional stress. To ensure you handle the process properly and emerge with the best possible outcome, you should always seek assistance from an experienced family lawyer as soon as possible.
A divorce can have serious emotional consequences. It can also have a serious financial impact that you may not have planned for. The cost of divorce proceedings varies from one couple to another as there are multiple things to consider.
An amicable divorce means a civil divorce, where both spouses agree to property division, spousal and child support, visitation and custody. It may not mean that the former spouses are friends when it’s over. It does mean the spouses don’t fight and enter an agreement reasonably, without litigation. An amicable divorce almost always means an uncontested divorce.
Amicable divorce is generally the cheaper option. According to Canadian Lawyer Magazine’s 2015 survey, the average divorce lawyer’s fees nationwide were $1,845 for this type of divorce. For Ontario, the average fees were $1,217.
An uncontested divorce is just a divorce, regardless of the reason for divorce, but where both parties agree to not formally defend the divorce. If you are in agreement to the divorce it provides you with a quicker, easier and cheaper way to divorce compared to using local divorce solicitors.
The contested divorce is the type in which the spouses cannot arrive at an agreement on one or more key issues in order to conclusively terminate their marriage. When spouses cannot arrive at an agreement, even with the assistance of their legal counsel (if any), they must approach a court to adjudicate their dispute. In a contested divorce that does not settle, the judge is the one who is ultimately responsible for making the decisions for the couple.
The judge may end up prioritizing some concerns over others, but this may not always align with the priorities of the couple. A contested divorce is also much more expensive; the average cost rises to $13,638 nationwide and $8,747 for Ontario (Canadian Lawyer Magazine, 2015).
During trial, both spouses present witnesses, and their lawyers cross-examine the witnesses and present closing arguments. After trial is over, the court will issue a final order memorializing all of the judge’s decisions, and finalize the divorce.
Divorce especially ones that are contested are complex. Therefore, spouses in a contested divorce should definitely speak with an experienced divorce lawyer who can inform them of their legal rights and ensure they are fully protected.
The divorce process does not have to take years or even months. If you’re able to come to an agreement with your spouse about custody, visitation, spousal support, and division of property, your divorce can proceed through divorce court rather quickly. A quick divorce will mean different things to different people and may or may not be possible, depending on the timeline you’ve got in mind.
The fastest possible divorce requires that both parties agree that the problems you face as a couple can’t be rectified, and being able to file for a divorce online these days makes the process faster still. Some lawyers offer online divorce proceeding packages. Depending on your family situation and chosen options, you can expect to spend between $500 and $1,700 for these services.
In the majority of cases the divorce process itself will be a very simple process and will not involve much negotiation. The more time consuming aspect, and consequently the more costly in terms of solicitors’ fees, is the division of finances and the resolution of any matters relating to children. This can take many months to resolve.
Divorce isn’t something most couples like to talk about, but it’s important to be objective about it. If you and your spouse have tried everything, but just can’t seem to make your marriage work, going your separate ways may be the best route for both of you.
The collaborative process is one of the most productive and cost-effective methods of divorce for couples. This future-focused approach can help save time and money as both sides work together to reach an agreement. Finding an agreement that’s right for everyone involved can be accomplished by working together with a team of experienced professionals to make sure the family’s legal, financial and communication needs are addressed.
Divorce is a primarily financial transaction, so the more you can do to keep your legal eagles from spending time amassing your financial records, the more you will save. Alimony is the amount of money one spouse pays to the other to cushion any unfair economic effects caused by the divorce. Try to reach an agreement on the length of alimony and the amount. For example, you might want to finish college so you can get a good paying job.
Litigation is destructive, expensive and gut wrenching. Litigate only if you have no other option. Litigation is, unfortunately, necessary in some cases. There will always be people that just can not agree no matter how hard you try. Reserve litigation for the most desperate situations.
Our survey backs up what many people who’ve been through a divorce will tell you. It can be quite expensive unless you have no major disagreements (and probably no children or significant assets). That’s why it’s important for most people facing a divorce to select a good family law attorney who’s both qualified and a good fit.
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