Divorce can be a stressful process. Even when it is a mutual separation, figuring it out isn’t ever easy. Things become more complicated when the negotiations fail. That’s when it becomes essential to reach out to a lawyer. Having a lawyer by your side is crucial as it will help you protect your rights through this process. Reach out to https://www.simpledivorce.ca/divorce-family-lawyer-vaughan/. Their experienced lawyers will guide you through the process. When you and your partner have failed to come to conclusions amicably, having a lawyer by your side can help to make the process easier. We are here to tell you all about uncontested divorce.
What is understood by a contested divorce?
During divorce when the spouses have disagreed on various aspects of the divorce, it is said to be a contested divorce. Often it is contested because of property division, spousal support, child support and child custody. When the divorce is contested, it takes longer for it to settle. The reason is that such cases tend to be more complicated. However, it is key to remember that the case can be settled even without a trial. Once you have decided to take the divorce to trial, all the decision making power then lies with the judge. They will be concluding the terms of your divorce. It would be good to keep in mind that the court’s decisions don’t always have the couple’s priorities in mind.
What happens during the proceedings?
It is imperative to have an idea about the proceedings. The first step is to file a divorce petition. It should address the concerns like spousal support, child custody and support and property equalization. When filing for divorce proceedings, you must hire a lawyer. Putting together the application is not an easy task and should be done by a professional.
After the initial application has been filed, the notice needs to be served to the spouse. This could be done by the applicant or someone else. Once that has been done, the respondent has 30 days to file an answer. Failing to do that will lead to court proceedings. When the final court decision made, it will be in the favour of the divorce applicant.
The court might ask the couple to address the issue and settle it outside of the courtroom. They might also ask the coupe to give their marriage another chance before the case goes to trial. In case, there is reluctance, then the case will be eligible for an official divorce an,d the court proceedings would begin. When undergoing the process you need a lawyer by your side. They will help gather all the information and prepare the case for the hearings. Once the case has gone to court, the spouses need to attend the hearings. When the trial concludes, the judge will be giving their final order. If the spouse doesn’t agree to the decisions made by the court, they can choose to file an appeal.
