Breakdown of a relationship can be an overwhelming process. In Ontario, a couple needs to be separated for one (1) year before filing for divorce.
While some couples manage to stay amicable throughout the process of separation/divorce; other couples cannot be in agreement.
What is a separation?
Separation, in the context of matrimonial law, refers to the decision by a married couple to live apart while remaining legally wed. This status goes beyond just living apart or feeling distant; it has important legal meanings and effects.
There are different types of separation: trial, permanent, and legal. A trial separation functions as a provisional period and offers spouses time to evaluate the impact of living apart on their marriage. Permanent separation occurs when spouses make a definitive decision to cease cohabitation indefinitely but not pursue legal dissolution of the marriage.
Legal separation, on the other hand, is a formalized process, which requires legally binding agreements that address financial responsibilities, child custody, and other marital obligations.
What is a divorce?
A divorce is the legal process of dissolving a marriage, officially ending the marital union between two people. While the concept might seem straightforward, the journey of divorce is not simple and includes various legal, emotional, and practical dimensions.
It includes the division of assets, determination of spousal support, and, if applicable, decisions regarding child custody and support. Whether you’re just starting to consider divorce or are ready to take the next steps, our family lawyers in Whitby are here to provide the support and guidance you need.
Contested vs Uncontested Divorce
Contested vs uncontested divorce represent two different paths a divorce process can take in Canada, each with its unique characteristics and implications.
Uncontested Divorce
An uncontested divorce is where both parties agree on all major aspects of the divorce, including asset division, debt allocation, spousal support, child custody, and visitation rights. This type of divorce is typically more amicable, less time-consuming, and less expensive. Couples who manage to reach an agreement on all these points can often proceed with a simpler legal process.
Contested Divorce
A contested divorce occurs when spouses cannot agree on one or more key issues. This disagreement can be about any aspect of the divorce settlement, such as property division, child custody, or alimony. Contested divorces usually require more intensive legal intervention, including court appearances and negotiations between attorneys. This process is often lengthier, more emotionally taxing, and more costly than an uncontested divorce.
At Shuter Law in Whitby our family lawyers have the knowledge and experience to assist you in this difficult time.
If you have questions about Separation and Divorce, please contact us for consultation.