Every couple experiences bad patches in their marriage. Some couples weather these storms and remain together for the long haul, while others find it necessary to call it quits. The decision to file for divorce is never easy, especially if children are involved or if you have been married for many years.
Divorce is not a decision to be taken lightly. It has massive consequences, not only for you but also your entire family. The experience is often tinged with sadness, rejection, bitterness, anger, loneliness, and perhaps even guilt.
As difficult as it might be to contemplate the end of a marriage that has been full of joy at times, filing for divorce can be a very sensible decision. Here are some factors you need to consider before moving forward to the process:
Don’t Be Threatened by Divorce
Most individuals are afraid of divorce because they worry that it will leave them penniless and homeless. You need to realize that filing for divorce does not necessarily mean that you have reached the end of your marriage. Many couples choose to separate but remain legally married, understanding that they can reconcile in the future if their feelings change.
In addition, consulting a divorce lawyer will give you a better understanding of the legal issues involved, including how property will be divided and whether or not you have any rights to child custody.
Make Sure You’re Ready to Deal with the Financial Consequences
In this day and age, most marriages consist of both partners working. This means that no one would be dependent on the other financially after a divorce.
But don’t fall into the trap of thinking that you will be able to ‘live off’ your ex-spouse for a few years until you get back on your feet. This is very risky, because it might not happen, especially if he or she has a new partner. Many individuals with such a belief quickly find themselves in a hazardous financial predicament.
Prepare Yourself for Potential Lifestyle Changes
Although it might be challenging to accept, economic and social changes are inevitable after a divorce. It is normal for your lifestyle to change when you separate from your spouse. However, adjusting is part of the process and not necessarily negative. It is important to recognize that there is no going back -the only way is forward.
Seek Legal Advice
Divorce is never easy, and it can be emotionally draining. You should, however, seek legal advice if you’re concerned about anything that might affect your future. A divorce lawyer will help protect your interests in all aspects of the process and ensure everything goes smoothly in court.
What To Look For In a Quality Divorce Lawyer
It is crucial to find a divorce lawyer who understands your concerns and what you’re going through. This is probably the most critical factor, as it allows you to build a good rapport with your attorney. An effective divorce lawyer will possess the following characteristics:
A family law attorney is the best type of professional for handling divorce cases. Lawyers specializing in family law are quite knowledgeable about divorce proceedings, which means that they will be able to deal with any unexpected legal issues that might come up during the process.
Understand Your Situation
You should also look for a divorce lawyer who fully understands your situation. If needed, ask them to explain certain aspects of your case to you in layman terms, so you know where you stand and possess an in-depth comprehension of your situation. A potential client should be able to open up about their concerns without feeling judged or embarrassed.
Finally, you should work with a divorce lawyer who has an in-depth knowledge of family law. This area involves many legal concepts that don’t correlate with criminal or business law. The more experience they have in this field the better prepared your lawyer will be to handle anything that might come up during your case.
Proven Track Record
A divorce lawyer needs to have a proven track record. This means they should have won numerous cases in the past and understand how judges typically rule. The way they talk about past cases is a good indicator of their general knowledge, as it will show their understanding of family law.
It’s always better to work with a divorce lawyer who can communicate effectively in your primary language. This makes it easier for them to explain various aspects of your case, so there aren’t any misunderstandings.
In addition it is imperative that you find a lawyer who writes and speaks well. THey should possess the communication skills necessary to to argue your case effectively and convince judges and court officials why you deserve what you’re asking for.
Assist You Throughout the Process
You should work with a divorce lawyer who will assist you throughout the entire legal process. They shouldn’t just handle your case and disappear without giving you any updates. A good divorce lawyer will be there for you every step of the way, guiding you through complicated legal matters and making sure everything is in order.
The Divorce Process
When can I file for divorce?
Generally, in order to file for divorce in Canada, couples must have lived apart for at least one year and three months. However, circumstantial exceptions exist. If your spouse was unfaithful and you’ve decided that you’d never resume your marriage, then it’s possible to get a “no-fault” divorce earlier. Once the divorce petition is issued, it will be sent to your spouse (the respondent), whereby they have 20 days to file their response with the court.
Your lawyer will be able to help you navigate the entire legal process efficiently. If both parties agree on most aspects of the divorce, there is likely no reason why the process should take longer than a few months. However, if there are issues that parents cannot agree upon, then one should expect things to become more complicated.
During your first meeting with your divorce lawyer, they’ll explain how long the whole process could take. They’ll also explain what steps are involved in filing for divorce or responding to a petition through counter-petitioning.
Divorce lawyers in Canada work on different cases all of the time. As such, they will know what to do when certain obstacles present themselves. This is one of the main benefits of retaining legal counsel. While this might be your first experience with divorce proceedings, you’re not alone—a professional lawyer has handled these cases many times before and can assist you through any difficulties that may come up.
The Top Common Causes of Divorce
The top 6 reasons why couples decide to divorce.
This is one of the main reasons spouses seek divorce. If you’ve experienced infidelity, it’s essential to work with a divorce lawyer who understands your concerns. Your lawyer will be able to help you file for divorce in the fastest possible manner.
Alcoholism or Substance Abuse
The second most common cause for divorce is alcoholism or substance abuse. Many relationships are put under stress when one partner drinks heavily or abuses drugs excessively. This is especially so if his or her behavior continues even after being told how much pain it’s causing their family. If you’ve been dealing with a spouse who abuses substances or drinks excessively and frequently, a divorce lawyer can help you obtain a divorce promptly.
Unreasonable behavior encompasses actions that are unacceptable, harmful, or threatening. Generally, these behaviours must also have had a long-lasting or encompassing impact on your life. If this applies to you, then your divorce attorney can issue a petition based on these grounds.
In some cases, spouses cannot communicate effectively. This can lead to a breakdown in the marriage, which ultimately leads to a divorce. If you feel like your lack of communication is destroying your relationship (or has already destroyed it), then talk to a family lawyer without delay. They can help you understand all of your options.
Money disputes are one of the leading causes of divorce. Often, spouses don’t correctly communicate about spending their money, which leads to disagreements down the road.
Different Values or Interests
It’s normal for two spouses to have different personalities or interests. However, when these differences begin to lead to arguments and create constant tension in the household, it may be a sign that divorce is necessary.
Types of Divorce
Different types of divorces are available under Canadian family law: contested divorce, mediated divorce, collaborative divorce, and traditional or no-contest divorce. Each type varies in terms of how long it takes to complete, as well as how much involvement the parties have in the process.
Your lawyer will create a workable strategy for your unique situation according to which type of divorce works best for you and your spouse. The following section will briefly explain the characteristics of each type of divorce.
Contested divorces are typically considered to be more contentious and complicated because it involves fighting for everything. For example, you might not agree with your spouse about how much child support they should receive or what visitation rights should be granted. In this type of divorce, your lawyer will file motions and participate in court proceedings to settle these issues and any other disputes that may come up during this process.
Even if you win at trial, the court’s decision isn’t immediately enforceable. Instead, you will need to take additional steps, such as having your spouse sign an agreement stating that he or she will not appeal the ruling or applying for another hearing. This way, you have proof that he or she has acknowledged and accepted the decision which was made by the judge.
A mediated divorce has the advantage of being faster than other types of divorces. In this type of divorce, you and your spouse can negotiate with each other without having lawyers mediate every decision (unlike in a contested divorces). This means that through mediation, both spouses can create an agreement based on their unique situation. However, if you and your spouse cannot reach an agreement, then you will need to enlist the assistance of a lawyer and go to court to finalize decisions.
A collaborative divorice is ideal for couples who want to avoid fighting over money or other contentious issues during their proceedings. In these situations, both parties jointly hire a lawyer who acts as a co-counsel, along with another lawyer whose role is to facilitate communication between you and your spouse. Divorce lawyers can work together to achieve the best possible outcome for you and your spouse by settling as many issues as possible before proceeding to trial.
Traditional or No-Contest Divorce
This is the simplest type of divorce out there, but it isn’t always the most advantageous because it can leave some issues unresolved. In this type of divorce, you will not have to negotiate anything with your spouse – instead, all you have to do is apply for divorce or mediation with the court and then attend a hearing.
The average time frame associated with the legal process of a divorce varies depending on where you live. This is because not all family law courts are created equal. As mentioned earlier, your lawyer will be able to help you choose the best possible divorce option for your unique situation.
Remember that divorce can be difficult, but that it doesn’t have to be as bad as some people make them out to be. With the right divorce lawyer, you’ll be able to stay on top of things and come through this tough time with flying colors.
Divorce can be an emotional roller coaster for everyone involved. However, dealing with the legalities will undoubtedly be easier if you plan—and take care of herself along the way.
Moreover, when looking for a divorce lawyer, you want to find an experienced, trustworthy, and reputable attorney who specializes in family law. It is vital to work with someone who you believe will always have your best interests at heart.