Filing for divorce is a complex process and one that raises many questions and emotions from beginning to end. In light of all this, it’s important to realize that the outcome of your divorce case poses potential ramifications for your family over the long haul and that you likely need support from an outside professional.
Should You Represent Yourself in Divorce Actions?
It can be tempting to assume that you can manage your divorce on your own. However, as many people have discovered, hiring an experienced divorce lawyer can make a big impact on the outcome of your case as well as the overall peace of mind you feel about your individual situation.
The support of an attorney is instrumental regardless of how you currently feel about filing for divorce. Many people underestimate the different factors and elements involved in initiating a divorce filing and can benefit from the insight of an attorney who has practiced in this field over the course of many years.
Make sure that you understand the various roles that a divorce lawyer can play and how he or she can help you more successfully navigate this challenging milestone in your life. It can be very hard to get answers to even basic questions, such as who gets the house and how will this influence their relationship with my children if you do not have a divorce attorney.
Understanding the Basics of Getting Divorced in Canada
Divorces in Canada are granted by the courts. This does not necessarily require that you would need to appear in front of a judge. There are some situations in which both parties can reach their own separation agreement or cases in which no separation agreement is required.
This means that no court appearance may be mandated based on an application by agreement. However, many people are unable to come to terms of agreement with their former spouse on all of the issues in the divorce, meaning that they will need to appear in court and it is wise to be prepared with the support of a divorce attorney.
One of the most important things to keep in mind about getting divorced in Canada is that you must have been separated from your spouse for at least one year. At this point in time, you may or may not be on good terms with your former spouse and are likely unable to come to terms of agreement on your own.
A divorce application is typically processed and a divorce granted within three to six months when both parties can agree to all of the terms. However, when there are issues such as child access or spousal support, that cannot be resolved by agreement, you need the support of an attorney. An attorney plays a crucial role in assisting you throughout this process and can be instrumental in making this difficult situation much less challenging. The sooner that you engage an attorney the sooner that you speak to a lawyer.
Understanding the Role Of Your Divorce Lawyer
It can be difficult for you to see the full picture when you need to initiate divorce proceedings in Canada. You might assume that your former spouse will be willing to work together with you and it can come as an unfortunate surprise when he or she does not agree to the terms that you thought were fair and reasonable.
In this type of situation, it is instrumental to have an attorney who can spring into action quickly. Your lawyer will also be trained and familiar with exploring all different avenues of ending your marriage and the possible ramifications these can have on your life.
A divorce attorney ensures that you don’t miss critical omissions or details that could enable you to move on with your life sooner rather than later. A divorce attorney will explore settlement options as well.
Even if you are able to settle outside of court such as once litigation has been initiated and you and your former partner can agree that it is in your best interests to pursue settlement opportunities, your lawyer should be there to represent you and your best interests during this process because you cannot afford to make mistakes. Your family’s future is on the line in a divorce.
Specific Situations in Which You Should Seek Legal Counsel Immediately
Skipping mediation is recommended for certain situations and people who have escalated problems. First of all, anyone who experienced violence or abuse within a marriage will have normal feelings of fear when being near the abuser so mediation or out of court settlements are not an option.
If you suffered from physical, sexual or mental abuse, you need to retain a Canadian divorce attorney immediately. Second, if you have too much animosity with the other party, it can be difficult to work towards a meaningful outcome in mediation.
If you have experienced problems such as your partner threatening you or infidelity that has weakened your trust in him or her, these times of high animosity call for an experienced divorce attorney.
If you are unable to advocate for yourself, it is strongly recommended that you retain a Canadian divorce lawyer immediately. If you are not in an emotional state to defend yourself and protect your interests, an outside advocate can help you. Outside issues such as the death of a loved one, losing a job or moving can all put additional pressure on you in your divorce.
This is enough to deal with on top of ending your marriage and it can be helpful to have a person with a fresh perspective to review your case.
A fourth reason to consider hiring a Canadian divorce attorney immediately is if you intend to divorce as quickly as possible. Rather than going through mediation, a lawyer can help you to review the facts of your case. It is not always the case that your Canadian divorce lawyer will be pushing you towards settlement, for example.
However, the very strength of your selection of your Canadian divorce attorney can make an impact on your spouse’s decision to try to settle outside of court even if the two of you have not been able to come to terms of agreement in the past. The support of an attorney can show the other spouse involved that it is in their best interests to settle outside of court and therefore, your attorney can be extremely helpful when you retain his or her services.
Our divorce attorneys know your position and work hard to protect it in all aspects of your divorce filing and legal hearings.