Criminal Charges in High-Conflict Canadian Divorces
Divorce is hard at the best of times. A high-conflict divorce is always extra challenging. But if one of the spouses has been charged with a criminal offence, then the stakes are higher and the complexities, greater. Here are some points to consider: Divorce Act Provisions on Family Violence We will assume that the criminal charges against one spouse stem from an incident of domestic...My Spouse Wants a Divorce. I Do Not. What Do I Do?
Facing the reality that your spouse wants a divorce while you do not can be an emotionally overwhelming and confusing experience. It’s a situation that can leave you feeling powerless and uncertain about your future. However, it’s essential to remember that you still have options and can take steps to navigate this challenging situation while making informed decisions about your...Divorce and COVID-19: Should You Wait?
The COVID-19 pandemic has taken its toll not only on people’s health and businesses, but in many cases, also on their marriages. Over the past year, we have seen a surge in divorce filings. The challenge however is that during the pandemic, the courts have been largely closed other than for emergency hearings. This has left some people wondering whether they should wait until things open up a...Divorce Roadblocks: Dealing with Uncooperative Spouses
Unfortunately, not all marriages have a happy ending. Divorces are not uncommon in Canada, and are granted to couples that have separated for over a year. There are two types of divorces: contested and uncontested. About 80% of divorces are uncontested; however, if the marriage didn’t end on happy terms, a partner can lengthen and complicate the divorce proceedings by contesting it. Common...Can You Get a Divorce If Only One Partner Wants It?
While it’s rare for a divorce to take place without any sort of acrimony, some people end up getting stuck in a situation where a partner refuses to participate in the legal dissolution of the marriage. Regardless of why only one partner might want a divorce, this lack of cooperation makes divorce more complicated and unpleasant than necessary. Marriage and divorce law has been altered over...Will Mediation Work for Us?
The word “divorce” brings a number of unpleasant images to mind: people crying, court rooms with lawyers and screaming former spouses. However, it doesn’t have to be that way. Divorce mediation is a process that can help couples handle their separation in a calm and rational manner. What is Mediation? Mediation is what’s known as a cooperative problem solving process....Removing an Arbitrator During an Arbitration
I believe that I am not being treated fairly by an Arbitrator. Can I get him/her removed? Relevant Statutes Under Arbitration Act, S.O. 1991 s.6 No court shall intervene in matters governed by this Act, except for the following purposes, in accordance with this Act: To assist the conducting of arbitrations. To ensure that arbitrations are conducted in accordance with arbitration...Survey Says Divorce Has More Impact on Children of High-Income Families
Divorce makes children face the fearful prospect that their mom and dad aren’t happy anymore. Even when love is lavished on the children, they feel anxiety around the breakup and resulting changes. Older kids bear the burden of increased understanding, while remaining helpless to change the situation. What research has shown is that the effects of all this upheaval tend to be temporary....Divorce Arbitration: Process, Benefits and Arbitration Lawyers
When most people think of legal battles they picture lawyers fighting back and forth for years or various parties in front of a judge or a jury sorting things out. What they may not know, is that arbitration is another option. It is an option that has proven successful and has many benefits, as opposed to long-drawn out court battles. The Arbitration Process, Pros and Cons Arbitration can be...by Fine & Associates Divorce, Divorce Lawyers, Divorce Mediation, Domestic Agreements, Family LawyerFebruary 4, 2014