Why You Often Simply Can’t Just Get An Easy Separation or Divorce in Ontario!

Why You Often Simply Can’t Just Get An Easy Separation or Divorce in Ontario!

Believe it or not, you shouldn’t even try to get a simple divorce in Ontario!

Hi, my name is Thomas O’Malley.  I’m an experienced family lawyer in Durham Region and the GTA.

When you know your marriage is over, you probably want to get a divorce immediately because you want to get over the pain of the end of your marriage and move on with your life.

However, you cannot simply race to get a divorce.

Why do I say that?

You need to understand the difference between a contested and uncontested divorce for the answer to that question.

If you simply file and serve divorce paperwork on your former spouse, they can make claims against you in their responding court paperwork.  They can make claims about parenting time with your children, decision-making for your children, child support, spousal support, and the property issues.

In other words, you have now gone from what you thought was a simple divorce to a divorce battle since your spouse is now making these claims against you.

This is called a contested divorce since your spouse is making claims against you or challenging your simply divorce.

When you have an uncontested divorce, you file and serve your divorce paperwork on your ex-spouse and they do not make any claims against you.

However, you can only make sure that your spouse does not make any claims against you by first dealing with the legal issues in your separation before you file and serve your divorce paperwork on your former spouse.

You need to negotiate a detailed separation agreement with your spouse to resolve the outstanding family law issues which usually including parenting time and decision-making responsibilities for your children, child support, spousal support and property issues.

When you resolve or settle the outstanding family law issues in your separation, you can file and serve your divorce paperwork on your former spouse.  Now your former spouse cannot challenge your divorce since the family law issues in your case have already been resolved in a signed separation agreement.

Remember this: It is more costly, time-consuming and frustrating to deal with the family law issues in your situation in family court comparted to negotiating a separation agreement with your former spouse.

As well, as you mighty already realize, you probably have important family law issues in your situation.  You should negotiate a separation agreement with your former spouse to resolve these important issues.

Then you can get a divorce since you have now settled these issues.

Here’s the bottom line:  resolve your outstanding family law issues in a detailed separation agreement first before you go to family court to get a divorce order.

If you have any questions about your separation, divorce or family law case and you would like our help, there’s a few ways to contact our office.  

You can leave a message on my Facebook law office page, visit my website at www.canadiandivorcelegaladvice.com, or call me directly at 905-434-8837.  We would be happy to speak to you.

Oh, by the way, did you know you can protect your family law rights and get essential information on settling your family law issues with your former spouse with the daily indispensable family law advice and tips at my FREE Facebook group? 

Click here to find out more: Durham Region Separation and Divorce Legal Support Group  

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