WE HANDLE ALL TYPES OF FAMILY LAW ISSUES IN DIVORCE
Getting a divorce is about a lot more than filling out the right paperwork and filing the right forms. It is about handling all relevant family law issues so that your rights are protected and that you are in the best position for the future. At RPB Family Law, our Ottawa divorce lawyers put in the time, resources, and attention to detail to handle each and every case the right way. We help our clients with all family law issues related to their divorce, including:
- Property division;
- Debt division;
- Spousal support (alimony);
- Child custody and child visitation;
- Child time-sharing and decision-making; and
- Child support.
ENGAGING IN A SEPARATION AGREEMENT IN OTTAWA
Couples who choose to end their relationship are not required to obtain a divorce since they may choose to separate and engage in a separation agreement. It is only required if one of the parties wishes to remarry, in which case he or she must get a formal divorce ruling and a certificate from the court. Issues such as spousal support, child custody, property division and tax issues may need to be addressed regardless.
They will make key decisions on property division, child support, and child decision-making and parenting for minor children. This option of working with the partner can benefit both parties as they save time and money and better control specific divorce issues. However, it is always recommended that you seek legal counsel from a divorce lawyer before signing any agreement to ensure your interests and rights are protected. Separation agreements, marriage contracts, property issues, and dispute resolution can be exceptionally complicated for the parties involved.
APPLICATION FOR DIVORCE IN ONTARIO
When a couple experiences a “breakdown of their marriage,” any or both spouses may file for divorce pursuant to section 8(1) of the Act. The petition may be submitted to the unified Family Court or the Superior Court of Justice.
A breakdown of a marriage can consist of three different grounds. Cruelty, adultery, and a one-year separation. Our experienced family law lawyers have extensive knowledge of the divorce process and can guide you through the legal process involved with the Divorce Act.
Working with a Divorce Lawyer in Ottawa
As discussed above, divorce cases and family disputes involve intense emotions, and they are complex in nature. Therefore, you will likely require a lawyer by your side to offer advice and handle all legal issues involved. Mainly, you will be hiring a divorce attorney to help you and your partner work out the agreement or defend you against your spouse in court. Divorce lawyers are often involved in the legal process as each party typically has their best interests in mind. Thus, it is essential that you inquire whether the specific lawyer prefers collaborating or fighting in court, whether they would advise seeking settlement outside court, and their track records in handling such cases. The best divorce lawyer for you is the one who advocates for your interests.
What Our Divorce Lawyer will Do for You
Considering the potential legal risks and problems, it is clear that one needs a divorce lawyer to check the agreement even in an uncontested divorce. The lawyer will:
- Attend mediation with you (if necessary),
- Draft agreements,
- Offer advice,
- File the divorce, and
- Attend any court hearings with you.
Divorce in Ottawa, Ontario: Frequently Asked Questions (FAQs)
What are the grounds for divorce in Ontario?
In Ottawa, as in the rest of Canada, there is only one legal ground for divorce: the breakdown of a marriage. Canada operates under a no-fault divorce standard. The court will focus on issues like property division and spousal support, not on who was at fault for the divorce.
What is the difference between a contested divorce and uncontested divorce?
A contested divorce occurs when spouses cannot reach an agreement on one or more issues related to the dissolution of their marriage, such as child custody, child support, spousal support, or the division of marital assets and debts. The court must resolve at least one matter. In contrast, an uncontested divorce is a settled divorce.
How long does it take to get a divorce in Ottawa?
The time required to finalize a divorce can vary depending on the complexity of the case and whether it is contested or uncontested. An uncontested divorce typically takes 3 to 6 months. A contested divorce may take longer, often a year or more.
Discuss your case with our experienced Ottawa Divorce Lawyer
RPB Family Law in Ottawa offers legal advice and representation in divorce, separation, child support, and related cases. We prepare agreements for you, attend mediation, and litigate in court if necessary. To protect your rights and interests, book an appointment online today or contact us at 613-216-5044. From our law office in Ottawa, our family lawyers serve communities throughout the surrounding region in Ontario.