There can be a lot of psychological stress and emotional pain when couples decide to separate.
With the end of a relationship comes the added strain involving asset division and custody issues. If a married couple decides to divorce, most child-related issues must be dealt with before the court can order the termination of the marriage.
Contested Divorce Ontario Canada
The Daly Law team has over 20 years experience in family law. Located in Oakville, they have been helping families in Ontario move on to a brighter tomorrow.
There are two type of divorces: Contested Divorce and Uncontested Divorce.
An uncontested divorce does not necessarily mean that the divorce is amicable - only that the spouses were able to resolve their differences outside of the courtroom.
There are several alternatives to court system, including negotiation, collaborative family law,mediation and arbitration.
If a spouse does not want the divorce or does not agree to the terms of separation, the divorce is contested. If, despite legal counsel, couples cannot agree on one or several issues related to the termination of their marriage, they must then take those issues to a court to be decided.
Issues that must be decided in a separation agreement or by an arbitrator or a judge include:
Child Custody and Access
Responsibility for and Contribution to Child Related Expenses
Division of Assets / Property
Division of Debts
If you want to contest your spouse’s request for a divorce, or vice versa, you have 30 days to respond to the application for divorce once papers are served.
A contested divorce will require the spouses to go before the courts for a decision on all the contested issues.
In such situations, the litigation process will take longer to conclude. When spouses can’t agree, the court will make the final decision on all issues they were not able to negotiate. The more contested issues there are - the longer and costlier the divorce will be. The process for a contested divorce is:
1) Application for Divorce is served upon your spouse.
2) Your spouse responds to the Application for Divorce within 30 days.
3) A case conference is scheduled
4) A settlement conference is scheduled if a settlement was not reached at the case conference stage.
5) Trial management conference (if a settlement was not reached at the settlement conference).
At any stage, a motion may be brought for temporary relief for such things as: temporary custody, temporary child support, temporary spousal support, etc.
Most judges will encourage divorcing spouses to come to an agreement before the trial date. There are alternatives to going to court including negotiation, mediation, arbitration and collaborative family law, which can be less taxing on the family - provided the spouses are willing to negotiate.
An uncontested divorce is when spouses are able to resolve their differences outside of the courtroom on all issues relating to the ending of the marriage. Uncontested divorce is preferable since it is easier on the family and less costly than litigation. Call the Daly Law office at (905) 844-5883 to learn about the alternatives to going to court.