An Insight into Complicated Nature
of Divorce Process Which Necessitates Use of Services of a Divorce Lawyer
Divorce is the last step you need to contemplate if it is becoming difficult to live with your spouse. However, if there are no options left then you will have to take right steps during divorce process so as to protect your interest. This will only be possible when you appoint an experienced divorce lawyer to take up the responsibility. As such, our aim here will be to check various aspects you need to look into while divorce process is initiated.
What is the eligibility criteria for getting a divorce?
The following eligibility criterion are to be met in case you want to get a divorce, these are:
- Legally married couples can apply for a divorce, whether the marriage took place in Canada or some other country.
- The intention is to permanently separate from spouse and there is no possibility that the relationship can continue.
- Both of you are living in a province where divorce application will be submitted for at least 1 year before application is actually submitted.
What are some of the grounds for a divorce?
By consulting a divorce lawyer you will be able to properly understand grounds which will be accepted by court as valid reasons for divorce. These reasons include:
- Both you and your spouse are living apart for last 1 year.
- Adultery has been committed by your spouse.
- You are facing mental or physical cruelty which is making living with spouse quite impossible.
Initiating Divorce Process – The Divorce Application
To initiate the divorce process what your divorce lawyer will have to do is fill up required forms applicable for your province and submit the same in court. By consulting a divorce lawyer you will be able to fully understand your responsibilities as well as rights, know documents which are to be submitted, how to protect your rights and develop a clear idea about how laws will be applicable in your situation.
What is the difference between contested and uncontested divorce?
Let us go through details of differences between these two types of divorce here:
- Uncontested Divorce: If both of you are on agreement about all relevant issues then it will be an uncontested divorce. However, you need to understand that uncontested divorce cannot be applied at the court. Divorce automatically turns uncontested when application of divorce is served to spouse and no answer or response is filed by spouse within stipulated time period.
- Contested Divorce: In case there is no agreement between both of you about certain terms like child support, alimony (spousal support) and similar other matters then it will be a contested divorce. A competent divorce lawyer will be able to guide you on procedure you need to follow for submitting relevant documents about issues which are resulting in disagreement.
A Final Note
As we can see there are several things to look into and it will be a wise decision to hire a divorce lawyer to guide you through the whole process.