What a Great Divorce Lawyer Can Do for You
Going through a divorce or separation from your partner is one of the most difficult and daunting experiences you’ll ever encounter in your life. Regardless of the circumstances, how long you’ve been married, and whether or not you have kids together, the legal process alone can be enough to make your head spin. There are so many different components and moving parts involved that you might start to feel overwhelmed and stressed, which can severely cloud your judgment. If that’s what you’re currently going through, then it’s time to start looking for a qualified divorce lawyer who can walk you through the process, provide legal counsel, and negotiate on your behalf.
Here’s what divorce lawyers in Toronto and the GTA can do for you during this difficult time.
Explain the Divorce Process and Provide Objective Legal Advice
Every divorce case is unique, but a great divorce lawyer will take the time to understand the exact circumstances of your case and the reason for the divorce. The Government of Canada website stipulates that “a court of competent jurisdiction may, on application by either or both spouses, grant a divorce to the spouse or spouses on the ground that there has been a breakdown of their marriage”.
Several factors constitute the breakdown of a marriage in the eyes of the law:
Prior to the commencement of the divorce proceedings, the spouses must live separately from one another for at least one full year.
The spouse on the receiving end of the divorce proceeding must have either committed adultery or physically or mentally mistreated their partner to the extent that continued cohabitation has become “intolerable” for both parties.
Hiring a divorce lawyer will help you navigate the Ontario legal system, so that you can understand your options and what’s required of you.
Take Marital Assets into Account
Over the course of your marriage, you and your partner have no doubt accumulated a few assets including your marital home, cars, insurance policies, or some investments. In some cases, one spouse is responsible for handling all or most of the finances in the relationship, while the other takes on different responsibilities. If your partner was the one handling your joint finances during the marriage and you’re having a hard time gaining access to your shared official records, then a divorce lawyer can help you legally obtain the necessary documents to move your case forward. Once this vital data is obtained, it can be properly submitted to the courts by your divorce lawyer and accounted for during the finalizing of your settlement.
Handle Divorce Issues
As mentioned, every divorce and separation case is different and that means that any number of potential issues can arise at any given moment. Some of these are circumstances that you might not be prepared for and might therefore be ill-equipped to handle properly. That’s where a qualified divorce lawyer in Vaughan can help with your case.
Regardless of your reason for getting a divorce or who initiated the proceedings, you need someone on your side who is well-versed in the legal protocol. They can conduct the appropriate legal research to help you obtain the best possible results for your case because they have access to legal resources that are unavailable to the general public. On top of that, experienced divorce lawyers can also provide sound legal advice if unprecedented or unexpected circumstances arise during your divorce proceedings.
Handle Child Custody Agreements
Custody is the right to make important decisions about how to care for and raise a child. For example, parents with custody can make decisions on their child's:
Education
Religion
Healthcare
Custody is not about which parent the child lives with or how much time a child spends with each parent. Even if only one parent has custody, the child might spend equal time living with each parent. Or the child might live mainly with one parent, but both parents have custody and share the decision-making.
In Ontario, there are three different types of custody in cases involving children:
Sole custody is when one parent is granted lone custody of one or all the children, meaning they have the authority to make all major decisions regarding the children without having to consult the other parent.
Joint custody is when both parents have input into major decisions affecting the children, including health and education.
Shared custody is when the children must live with both parents at least 40% of the time.
Access is different from custody and the specifications can vary greatly from one case to another. It usually means that the children spend most of the time living with one parent but can visit or spend time with the other parent as per the legal agreement.
Prepare Legal Documents on Your Behalf
One of the biggest perks of hiring a designated family lawyer who specializes in divorces is that they have the expertise needed to aptly and accurately fill out and submit your legal documentation. Accuracy is something that’s taken very seriously by Ontario’s court system and even the slightest error—including spelling or grammatical mistakes—can cause major delays in your divorce proceedings. As you can imagine, filing for divorce entails a lot of paperwork, most of which contains legal jargon and terminology that may elude the average citizen. To guarantee that all your documents are accurate and filed on time, you should consult with a divorce lawyer.
Even the simplest divorce cases can suffer major setbacks if the paperwork is incorrectly filed or submitted and this can cost you a lot more money in legal fees than you were initially prepared to spend.
Allocation of Spousal Support and Health Benefits
Depending on the nature of your divorce—whether it’s subject to prenuptial agreements, if it’s contested or uncontested, or if it’s amicable—you’ll need a lawyer to help you sort out the allocation of spousal support and health benefits if applicable. A divorce lawyer will carefully review all legal documents and contracts pertaining to your marriage, explain the stipulations to you, answer all your questions, and then advise you on the best legal course of action. In some cases, spousal support and health benefits could become null in light of the divorce.
If you find yourself faced with the stress of going through a divorce or separation, then the esteemed lawyers at Sutherland Law can help you. Our family lawyers have years of experience helping their clients settle divorce cases and move forward with their lives. Contact us today to learn more.