Do You Want to File for a Contested Divorce?
In most provinces in Canada, it is possible to get a Divorce without going to Court by getting what is known as a “Desk Divorce,” sometimes facilitated by the drafting of a legally binding Separation Agreement. But this kind of Divorce requires agreement of both spouse on all issues. If even one issue is contested, according to Divorce Law, it is now a Contested Divorce, and it is best to get an experienced Divorce Lawyer to help you settle disputes. A Divorce, itself, cannot be contested. In Canada, we have “no fault” divorce, wherein a Divorce will be granted if the parties qualify and proper child support is being paid.
Reasons for a Contested Divorce
The reasons why a Divorce may be contested by one spouse are numerous. One spouse may dispute amounts proposed for Spousal Support or Child Support. Child Custody, child visitation schedules may also create problems.
No matter the number of issues causing a Contested Divorce, there are options to resolve disputes without going to trial.
Options for Resolving a Contested Divorce
Just because a Divorce is contested does not mean that the parties must go to trial. There are options to resolve disputes out of Court, which can save time and money.
Finding an experienced Divorce Lawyer who is qualified to provide Divorce Mediation services is, perhaps, the best course of action to move from a Contested to an Uncontested Divorce. If only minor issues are at the heart of a Contested Divorce, you may still be able to use Collaborative Law to resolve your differences and proceed with your Divorce.
If issues cannot be resolved, however, a Contested Divorce may need to proceed to trial.
We Can Help You With Filing a Contested Divorce Agreement
If you are seeking a Divorce and one or more issues is being contested by your spouse,contact the family lawyers at Fine & Associates Professional Corporation in Toronto, Ontario. Our family lawyers are qualified to provide Divorce Mediation services to help you and your spouse resolve disputes outside of Ccourt. If you are unable to come to an agreement, we have the experience you need to aggressively pursue your best interests in trial.