Divorce Lawyer in Mississauga

What Qualities Make a Good Divorce Attorney?

Divorce might be a bit unpleasant and cumbersome, but not if you hire the right attorney. The best lawyers will listen to your concerns, ask questions about what you hope to achieve, and give you an honest assessment of your chances of achieving your goals.

Characteristics that make a good divorce attorney:

• Qualification: You should look for an attorney who not only can represent you, but can represent you well. And in order to represent you well, the attorney must be skilled. Your divorce case is likely to touch all aspects of your life-family, finances, retirement, career, etc. Divorce can be saturated with emotions and life-changing decisions. Therefore, a divorce lawyer must delicately yet justly handle a wide variety of family law issues from divorce, marriage annulment, and legal separation to child custody, child support and visitation rights.

• Experience: Divorce lawyers are trained to handle all the matters related to family law. You should hire one whenever you are seeking legal representation. He or she will help you in settling the major issues affecting your divorce case. Anyone who is having a contested case is advised to hire experienced attorneys. In each divorce, different issues come up that require special attention, so it is best to find a lawyer who concentrates on the specific issues that may arise in your divorce.

• Case Building Skills: Divorce lawyers should have excellent problem-solving skills. Demonstrating such skills is one of the effective strategies for handling complicated court cases. They are only willing to negotiate those statements that make sense for their clients. Look instead for a divorce lawyer who takes a pragmatic approach to your case. Who seeks calm, not conflict. Who looks to solve problems in a timely manner, rather than create them.

• Communication Ability- Effective, clear, and timely communication with your lawyer is very critical. The first stages of your consultation can play a good role in determining the communication skill set of the lawyer. Furthermore, your lawyer’s ability to communicate is also crucial when negotiating with your spouse and their legal representative. Before going to court, your lawyer will try to talk to your spouse to resolve some issues and keep the divorce costs down.

• Composure: A good divorce lawyer remains calm and maintains composure no matter how upset or frustrated they are with the judge or your spouse’s lawyer. This is especially important if you are planning a mediation instead of a litigation, and cooperation of all parties is essential to reaching a consensus. A good and professional divorce lawyer/attorney has good control over his emotions, no matter how much upset the situation gets in the courtroom. Even when he feels that the case is getting out of his hands, he will never lose hope in his skills and will keep on trying till the end.

• Accessibility: A good and professional divorce lawyer/attorney has good control over his emotions, no matter how much upset the situation gets in the courtroom. Even when he feels that the case is getting out of his hands, he will never lose hope in his skills and will keep on trying till the end. Most attorneys handle several cases at a time, but good ones are very organized and make sure they are available when clients need them.

• Affordability: Usually we measure quality with price, but there are great divorce attorneys who are affordable. We are here to help you navigate the family law system in a professional, timely and cost-effective manner, so that you can leave behind what has happened and focus on what is next.

Breaking Down the Types of Divorce

Divorces can be just as complex as they are emotionally charged. Most people are under the assumption that a divorce is a divorce, but there are a few different types just as no two relationships are exactly the same, there are different types of divorce as well. Each comes with its own financial issues, child custody disputes, and property settlements, not to mention the incredible emotional toll that is unique to everyone who goes through this challenging process.

Fault and no- fault divorce: The difference between a fault and a no fault divorce is the grounds for the divorce. In the first case, the spouse filing the divorce claims the other spouse is responsible for ruining the marriage, while in the other case no blame is placed on either party. If a spouse or domestic partner does not participate in the divorce case, the other spouse/partner will still be able to get a “default” judgment and the divorce will go through.

Uncontested Divorce: An uncontested divorce is a divorce decree that neither party is fighting. When both parties in a married couple agree to divorce, filing for an uncontested divorce can save time and money through streamlined court procedures. Not every uncontested divorce is the same, and not every uncontested divorce runs smoothly. The process is simplest when a couple has no minor children and few assets, including no real property such as homes or rental properties.

Arbitration: People often think of divorce proceedings as ugly, drawn-out trials with each side attacking the other, but this doesn’t have to be the case. When couples can’t reach agreement on sticking points but still want to resolve issues outside of the court, a private judge called an arbitrator will listen to both sides as a neutral third party and then rule on the divorce just like a judge would do in court.

Collaborated Divorce: Collaborative divorce is an option of couples who feel they can work out their divorce settlement themselves but still want legal protection. Although not right for everyone, collaborative divorce strives to bring about settlement in a manner that addresses the needs of both parties. Collaborative law has proven to be particularly useful in cases where there is a family business as a going concern, with farming being a good example. There is a clear advantage to all in a business enterprise continuing while details are worked out on how assets will be split and how things will function in the future.

Contested divorce: The conventional “heated” divorce, this well-known type involves both spouses retaining separate attorneys and taking contentious issues before the court for the judge to decide. The formal process typically involves hearings, settlement negotiations and even a trial in some cases.

What if Two Spouses Start Proceedings in Different Provinces?

Section 3(2) of the Divorce Act established that the divorce proceeding which was started first continues, and the subsequent one is discontinued.  If two proceedings are commenced on the same day in two different provinces, then the divorce is dealt with by the Federal Court (which is under section 3(3) of the Act). 

Where divorce proceedings between the same spouses are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on the same day and neither proceeding is discontinued within thirty days after it was commenced, the Federal Court has exclusive jurisdiction to hear and determine any divorce proceeding then pending between the spouses and the divorce proceedings in those courts shall be transferred to the Federal Court on the direction of that Court.

Our Trusted Lawyer can accompany you through the process of Divorce

The decision to pursue a divorce or separation is one that will have a significant impact on your life.During the important weeks and months that come after the decision is made it is vital to have an ally by your side who can keep you informed about your options and protect your legal interests.

Your financial stability, your relationship with your children, and your emotional well-being are on the line. You need a good divorce lawyer you can trust.Our experience includes having advised and assisted many clients with uncontested (simple) divorce application and filing, representing clients in contested divorce matters at the Superior Court of Justice, and attending to motions, discoveries and examinations.A good family lawyer not only possesses extensive knowledge of the law but also exceptional “people skills” and the ability to help clients navigate the complex legal realities of transitioning families.