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 Reasons for a Lack of Cooperation

There are many reasons why one spouse may choose to be uncooperative. This usually happens when the divorce is not amicable. Couples who split due to cheating and other reasons have a more difficult time reaching an agreement.

Going Nowhere Fast with Uncooperative Spouses

To file for a divorce, one of the partners need to file a Notice of Family Claim to the Supreme Court. In an ideal situation, the soon-to-be divorced couples will sit down and amicably discuss:

• Parenting responsibilities
• Both child and spousal support
• The distribution of property and marital assets
• The distribution of debt accrued during the marriage

If both couples can come to an agreement and have made reasonable arrangements, a judge can grant the divorce without the couple needing to step foot in a courtroom. However, things don’t always happen smoothly. If one spouse is uncooperative, he or she can drag out the divorce proceedings.

Seeking External Help with Mediation

If there’s a failure to compromise and negotiate fair divorce terms, it’s best to rely on external help. Numerous family lawyers offer consultation services before mediation services. Sit down with lawyers to discuss fair and reasonable arrangements. Family lawyers can help work out potential outcomes. They help both partners make logical decisions that are not clouded by emotions.

Related: Mediation vs Arbitration

Each mediation meeting typically takes anywhere from two to six hours. If fair arrangements are made with the mediators, the divorce proceedings will be simplified. The mediators will sit down with the lawyers to draft up all the paperwork needed to go ahead with the divorce.

Failure to Mediate Results in Lengthy Court Battles

It’s usually best to be prepared for the mediation, as approval from both parties is needed to change mediation agreements. If both parties cannot come to an agreement, the next step is to sit down with a lawyer. This means that a lengthy legal battle will probably be in the horizon.

Discuss Concerns and Wishes with a Lawyer to Build a Strong Case

When mediation fails, the issue will be taken to court. The case will be reviewed by a judge, who will decide on the matters at hand. Work with an experienced family lawyer to better understand various potential outcomes. The most common disagreements that result in a failed mediation include:

• Distribution of assets
• Debt issues
• Child custody arrangements
• Child support amount
• Terms related to spousal support

Lawyers will request various documentations and evidences to build a strong case. The case will then be presented to a judge who decide on a fair and reasonable decision.

Request All Means of Communication Go Through the Lawyer

Once both parties have decided to forego mediation and take matters to court, it’s best if all communication goes through a lawyer. This helps make the entire proceeding much less stressful. Ignore any forms of communication from soon-to-be ex-spouses, and direct all inquiries to the divorce lawyer. There’s no point in continuing pointless arguments that go nowhere. It’s also best to avoid aggressive spouses that are uncooperative and resentful of the situation.

Lawyers help mitigate emotional situations and protect their clients and their clients’ rights. This ensures that each party has fair representation and equal footing during the divorce proceedings. With help from lawyers, both parties can conduct themselves in a respectful decorum. This will make the divorce a lot less stressful, and will ensure that the proceedings go along much more smoothly. Contact Fine & Associates to help with proceedings in your divorce case.