The Best Way To File For Divorce Is Easier Than You Think

Everyone has heard horror stories of long and nasty divorces that get drawn out, while there are just as many stories of quick and simple cases that open and close without any hassle. Why are some divorces quick and easy and others such a messy disaster? While it is possible to file some of the paperwork yourself, family law in Ontario is complex and there are many factors to consider. Since many divorces involve children and custody issues, division of property and finances, it can save you headaches and hassles throughout the process to have the sound advice and assistance of a Toronto family lawyer.

The Best Way to File for Divorce in Ontario

If you’re reading this, you’ve made the decision to file for divorce in Ontario. Because of the complexities of family law and the diversities of families, there are many options available to you to file for divorce. The best first step is always to speak with a lawyer. Every couple and living situation is different and will have different needs, obligations, and rights under the law. A lawyer is in the best situation to advise you of the legal consequences for every step of the divorce process whether going to court is required in your situation or not. Why should you consult a lawyer?

• Dissolving a marriage can be a complex process and often emotions are running high which can cloud your judgment. A lawyer can help you see things with a rational and unemotional perspective.
• Very important things are at stake in a divorce, from children and custody battles, to money and property. All of these things need to be considered carefully and rationally and often an outside perspective helps keep things fair and even.
• Even if there are no hard feelings, an attorney can help navigate the complex process of dividing money, property, stocks, and determining living situations and division of income going forward. Who will keep the house? If the house needs to be sold, will the proceeds be divided 50/50 or will more money go to the primary caretaker of the children? Questions like these and more will need to be addressed and considered in a fair and legal manner.

Are There Cases When a Lawyer is Not Needed?

It is possible to file all of the paperwork yourself by paying the necessary court fees, but is this advisable? In a very simple case, say where a couple has no children, no property, two separate and fairly equal incomes, it may be entirely possible to dissolve the marriage simply and cleanly without the assistance of a lawyer. If both parties are in complete agreement as to the division of any assets acquired during the marriage and the divorce is uncontested by both parties, it is possible to file all the paperwork yourself. However, even if you think your case is simple and straightforward, it is very helpful to consult a lawyer to make sure that all financial and legal matters are considered and nothing is ignored or left unchecked. You certainly don’t want any post-filing surprises that could adversely affect either yourself or your spouse, making what was a simple matter more complex than it needed to be.

So Why Is Going With a Lawyer the Best Way To File For Divorce in Ontario? 

Here are some factors and questions to consider to be sure that you are using the best way to file for divorce in Ontario. These questions can help you organize your case and figure out which questions you may need to ask an attorney to guide you through your case.

Financial and Property Considerations

• Who will live in the family home? Will it need to be sold? How will payments and equity be handled if it’s not?
• How will income and assets be divided?
• Do we have to be separated for a period of time before we can file? How long?
• How are debts and debt payments managed? Can assets be liquidated before or after filing to eliminate or consolidate debt?
• What about spousal support? Child support? How will the amounts be decided?

Custody and Support Considerations

• What is the difference between joint and shared custody? What about sole custody and visitation?
• What is the difference between custody and “access”?
• Will the judge decide custody if we can’t agree?
• What are my options if one spouse is denying access or ignoring a custody decree?
• What about vacations out of Canada or moving to another province?

What Are Other Factors to Consider When Filing Divorce in Ontario? 

A lawyer can help you know which forms to file for your individual case. Documents will vary depending on property, assets, children, income, and many other factors. A lawyer can also help you know how long each step will take and how long the overall process will be. There is also assistance available to you if you can’t afford a lawyer through Legal Aid Ontario. There will also be at least two separate meetings with a judge and sometimes more if there are issues that can’t be settled or decided upon by both parties. An attorney can help you prepare for these meetings and represent your interests fairly, resulting in an agreement that is equitable for both parties. It is in both parties’ best interest to have someone looking out for you and guiding you through the complexities of family law in Ontario. This guidance is invaluable during an already stressful and difficult time, making the process as smooth and streamlined as possible. There is no easy way to dissolve a marriage but the best way to file for divorce in Ontario is to go in with guidance and reassurance at every step through this complex and trying process.