Toronto Divorce: What you Should do if You Get Served
Under Canada laws, the recipient of Toronto divorce papers has 30 days to the respond to the complaint. If you are the recipient of such papers, and you do not wish for a divorce, you must respond quickly. It is advisable for you to obtain the services of an attorney to defend yourself.
Any person who does not respond to the initial divorce papers will not have the opportunity to respond to them after the 30 days ends. At this time, the courts will honor the initiating party’s request by default. They will issue that person a divorce, and the individual may pick up the divorce certificate 30 days from that date.
A person who does not wish for the courts to grant a divorce may present his or her case in front of a judge. If the other spouse used adultery or cruelty for grounds, the defending spouse may offer evidence providing that he or she is innocent of the accusations. A judge will consider the evidence of both parties and make a determination as to whether to grant the divorce.
Toronto Divorce Based on Separation
Some people apply for divorces because either the parties have lived in separate dwellings for one full year, or they have been living independent lives for one full year. In either situation, the defending spouse will have an opportunity to offer a rebuttal at any time before the 30-day response period ends. Judges generally will try to keep marriages intact. However, if the judge finds evidence of cruelty, adultery or irreconcilable differences, he or she may opt to side with the plaintiff in this matter.
How an Attorney can Help in a Toronto Divorce
A family law attorney can provide a wide variety of services to a person who has received divorce papers. Mainly, this person can help the client to come up with a legally binding statement defending that person’s desire to remain married. This person can also assist with the fair distribution of assets in a marriage that a judge deems unrepairable.
If children are a part of the marriage, the attorney can fight for child custody or visitation rights. Additionally, an attorney can stand by a person who has low income that may need spousal support after a divorce judgment.
To get started with responding to a complaint, the served party may contact a divorce lawyer in Toronto for a free consultation, or visit their offices personally.
Do you require a divorce lawyer in Toronto? Fine & Associates deals with family law every single day. Let us handle your case. You will notice the difference.