Your Civil Divorce Guide

Published on 29 August 2022, 07:22:56 AM

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You know separation and divorce are stressful. But did you know there is a way to de-stress your distress?

You and your partner or spouse have already agreed to split. Why spend your time quarreling over the details?

You can get on with your lives quicker with a civil divorce. It’s kinder and cheaper.

New federal Divorce Act changes encourage you to negotiate or mediate disputes. In most cases, it’s your duty to try to settle your issues. Dispute resolution gives you more control over your own decisions, including parenting. Because after all, you know more than anyone about your own children.

Couples who go to court spend an average of $15,000 chasing a divorce. A single day in court could cost you up to $20,000. Who has that kind of time and money nowadays?

 

Collaborative Divorce Saves Time, Money

With a collaborative divorce, you work together. Just like you did when you first married.

You find solutions you can both agree on and get help from a lawyer. That’s right. You bring your own lawyer, who advises only you.

Collaborative family law is unlike any other process you’ve heard of. No more court costs, fighting or pressure to settle.

Instead of going to court, you and your partner or spouse meet at an agreed-to time and place, with your own lawyers.

  • You sign an agreement to collaborate.
  • You communicate openly and honestly.
  • You can call on consultants- child advocates, financial coaches, whoever you want.
  • Your lawyers act on your behalf.
  • You solve your issues jointly, without hostilities.

Collaborative divorce is for you if the arguing is over.

 

A Simple, Uncontested Divorce

Now you know relationships don’t always go smoothly. Could be that’s why you are breaking up.

So many couples are looking for ways to cut the cost of divorce. Joint divorce is an easier way for both of you to move on. It tells the court you both agree to a divorce and the terms. No court contest, just a few forms to file and the judge signs off.

A joint divorce is called simple and uncontested for a reason. If you have been separated for a year or more and are confident your relationship is over, the steps are pretty easy. Your divorce could be done in as little as three to six months. And it’s final 31 days after you get your divorce order.

You may already have discussed the issues. If not, here’s what you need:

  • a parenting plan
  • child support agreement
  • consensus on spousal support
  • and plan to divide your property and debt.

Maybe you are procrastinating. With joint divorce, the paperwork is minimal. You can even draft the final divorce order yourself. Now that works. No more excuses to put things off.

As with any divorce, a family lawyer’s advice is worth  having. They can help you understand what to do next. And how to make the best use of your time.

Things change. Say your income drops or your parenting plan isn’t working. You can go back to court and set it right.

 

When Not to Choose a Civil Divorce

Joint or collaborative divorce aren’t for you if:

  • you disagree on the issues
  • child abuse occurred
  • family violence is a problem
  • adultery is the reason for your divorce.

 

That’s Good to Know

You have two years after a divorce to claim spousal support or ask your ex to share their part of property or debts.

You could be entitled to part of your ex’s pensions, CPP or other benefits.

Why leave assets on the table? A family lawyer can make sure you know your rights. They can also advise you what to do if you simply can’t afford legal fees. Your fees could be waived or you could get free or low-cost help.

Ask your Axess Law family lawyer about forms, fees and options. Let’s get going!