Standard Steps In The Divorce
Do you have any idea what the divorce process is like? The process of divorce depends on a lot of the state laws. However, most methods remain the same for most areas in Canada. Here is a list of the steps and what usually happens in each one. You have to remember, though, that each divorce is different; thus, you also have to be open to accepting the changes along the way.
Step 1: File of the Original Petition for the Divorce.
It is either you or your spouse will file the Original Petition for the divorce to a court clerk. In most areas in Canada, such document is referred to as a "Letter of Complaint." Because the records include the official petition for the divorce to be approved, it shall also include a list of reasons why the divorce has been filed and need to be made final. The reasons will depend on who filed for divorce first.
Step 2: Schedule for the first hearing for the divorce.
Once the divorce papers have been filed, you will have to wait until the court releases a schedule for the first hearing. While waiting, you have to prepare all the necessary documents to back up your claim for the divorce. Moreover, the preparation should help you strengthen the premise you’ve presented. It is best to talk to your divorce attorney about all your concerns. Their years of experience will help you see things from a different perspective.
Step 3: Discover the legal mechanisms surrounding divorce in your area.
At this point, you need to sit down and talk to your divorce lawyer about strategies. In the process, you should be able to gather as much information about how the other party would go through the divorce, including what properties they wish to keep and why. For every choice that you make affects the entire plan you have about the divorce process, it is important that you carefully think about it with your trusted divorce lawyer.
Step 4: Submit yourself to divorce mediation.
The initial step that the court will take to help you and your partner is to give you a legal mediator. During mediation, you will negotiate the properties and how you want them divided. Discussions about the child and spousal support should also be made during the mediation. Asking questions and admission of facts should also be considered during the meetings with the mediator.
Step 5: Divorce Court
When it seems as if the meetings with the mediator has not given positive results favorable to both parties, then it is time to see each other in the divorce court. The judge will them make decisions based on the arguments you’ve presented and the documents that came with it. The final decree of the divorce that the judge will release will contain all the specific provisions that each spouse has to follow.