Divorce Proceeding

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Divorce Proceeding

Divorce proceedings involve many processes and can be rather complex. Documentation, various testimonies and separation agreements can make the proceedings lengthy. Lack of proper guidance from expert divorce lawyers can further complicate the matter.

We, at Nanda & Associate Lawyers, believe that our clients should understand the entire proceedings of divorce in Canada themselves. We guide them on every step to make the dealings transparent. This helps build trust with clients and further ease the separation process.

What will my divorce petition state?

The divorce petition will define all the crucial elements required for a ‘Final Divorce order’. Child custody, spousal support, separation terms are some matters mentioned in the petition. The Court just needs to know the facts about your relationship, and thus, they require all of the general information. The relationship between spouses also affects the petition declaration. Many issues may be resolved in divorce discussions before filing the petition.

Can I get divorce even if I cannot locate my spouse?

The client is supposed to put in 100% efforts to locate the missing spouse. However, if that isn’t possible, one would be required to tell the court about significant and genuine search efforts taken under oath. Local newspaper and publications act as a medium to notify the spouse about the divorce petition filed. In case the spouse absconds from summons or couldn’t make it to the proceedings, other measures are adopted to ensure the divorce case proceeds further.

Does no-fault divorce provide some additional benefits?

No-fault divorce never favours the spouse accused of many faults that led to marriage breakup. Each spouse is considered equally responsible for the end of the marriage. So, a reasonable agreement is quite possible.

What is uncontested case?

Uncontested case is the divorce case where either side agrees on all the matters and terms without any dispute. Here, both the parties know each other’s requirements and terms and wish to end the divorce process sooner. It is generally caused when spouse could not be located or refuse to participate in the whole process.

What is contested case?

When one files the petition for divorce and the other side raises some disputes or claims, the case becomes a contested case. It would be contested until the time all the disputes including support, custody, property division and so on are resolved amicably in the courtroom.

What is the role of mediator in the whole process?

A mediator tries to resolve the disputes between the spouses through negotiations. The main intention of a mediator is to express and understand the objectives and come to a certain conclusion that can resolve the issue quickly and efficiently.

What is arbitration?

In arbitration, both parties need to disclose all the necessary details that could support their claim. A board of arbitrators would hear the appeals of the legal counsel representing each side. The decision given by the board is final and included to petition for divorce to be part of final divorce decree.

What are pleadings?

The first formal written summon filed with court and provided to the spouse is the first pleading. The response of the spouse, either accepting or denying the allegations, is the second pleading. They are the formal paperwork of the case filed before court.

How to acquire temporary orders?

Obtaining temporary orders is crucial to get relief out of the lengthy divorce process. Some of the disputes required to obtain relief before final court decision including custody, support, and so on. These disputes are resolved for a temporary period and temporary orders are passed to provide relief to a party.

What if either party doesn’t follow temporary orders?

A petition can be filed regarding contempt of orders, and if the other spouse couldn’t provide genuine reason for ignoring the order, imprisonment or fine can be the ultimate action taken by court.

What if my spouse is violent or abusive?

If you can provide good reasons before court to believe that a spouse is violent and can harm you, the lawyer can request the court to restrict the accused spouse from coming near the victim spouse. If the spouse disrespects the orders, he/she would be sent to jail for contempt of court.

What planning shall I do for Divorce Court proceedings?

There are no such planning that going to work for anyone. Make sure you discuss all the elements with the lawyer.

  • Presentation: Be comfortable with the whole process, and never sacrifice your dignity and self-respect.
  • Respect: Show respect towards the court, judge and lawyer. Stay polite and calm.
  • Relax: Be calm and relaxed, always listen what to every question clearly and answer accordingly.
  • Any unusual gesture or fumble can become an advantageous tool for the other side. Be careful!
  • Be Audible and Clear: People must be able to hear and understand your views clearly.
    Speak normally, as you generally do.
  • Be Honest: You are expected to disclose all what your facts and figures honestly before the court.

Dishonesty can worsen your case.
Our experienced divorce lawyers in Canada are ready to assist you family law matters especially divorce proceedings in Canada.

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