The Right Way and The Wrong Way to Approach Your Separation or Divorce in Ontario!
Most things you may have heard about the separation and divorce process are probably wrong or only partly right.
When you understand the most important misunderstandings and misconceptions about the separation and divorce process, you can more easily make it through to the other side of this process with as few scrapes and bruises as possible.
I discuss another big misconception about the separation and divorce process in this video.
Hi, my name is Thomas O’Malley. I’m an experienced family lawyer in Durham Region and the GTA.
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The next big misconception is that you finish the separation and divorce process very quickly.
That’s simply not the case in most situations.
I often get a new client who simply wants a divorce from their former spouse. This client tells me that things have been going relatively okay with their former spouse about the kids and the other important matters in their situation.
I ask the client whether they have negotiated a separation agreement with their former spouse. Inevitably, the client tells me that they and their former spouse do not have any written agreement about their family law issues.
I advise my client that they first negotiate a separation agreement with their former spouse before they start a divorce application in family court.
I explain to my client that there are two types of divorce: an uncontested and a contested divorce.
An uncontested divorce means that the other spouse does not challenge the divorce since the related issues in the family law case have been resolved.
This means that the usual issues in a separation or divorce (this includes child custody and access, now called decision-making responsibility and parenting time, child support, spousal support, and the property issues) have been settled with a separation agreement which both spouses have signed.
This is always the best approach since your spouse is most cases will challenge your divorce in family court when you have resolved these outstanding family law issues. Then you are now involved in a full-fledged family court battle.
When your spouse makes a claim based on these other issues, such as spousal support and the property issues, you now have a contested divorce.
Inevitably, the separation and divorce process usually goes much more quickly with negotiating a separation agreement first and then you get your divorce when you and your spouse have signed a written separation agreement.
However, you still need to realize that this process always takes a number of months, usually at least six to eight months, in length. You do not get a separation agreement signed in one or two months. That’s very rare.
When you are involved in a full-fledged family court battle, that process usually takes more than a year for sure.
Just realize from the start that your separation or divorce will take much longer than you first expected so that you can plan your future more successfully with these longer timelines.
If you have any questions about your separation, divorce or family law case and you would like our help, feel free to contact on my Facebook law office page, that’s O’Malley Family Law, or call me at 905-434-8837 and I’ll point in you in the right direction.
Click here to join my free Facebook GTA and Durham Region separation and divorce support group: GTA and Durham Region Separation and Divorce Support Group
Please make sure to share this important information and video with your friends, family members and co-workers so that it helps more people avoid serious problems in their separation or divorce before it’s too late.