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:
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.
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.
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.
The very first step of bringing client onboard is to have a no obligation consultation.
Then comes the evaluation of the situation. And building the case background.
After building the whole case, now is the time to fight it in the court.
As we fight the case, we keep on collecting more information to support the case.