What Every Divorce Lawyer Wants You to Know Separating

What Every Divorce Lawyer Wants You to Know Separating

Divorce is complicated for every party involved, with feelings flaring, and people are not sure what will happen next. Although contacting a lawyer may seem like a big step, it is necessary to resolve the separation problem. Below are some of the essential things that a divorce lawyer will explain to you.

Mediation Is Not the Same as Divorce

One of the most popular options for divorce is mediation. The mediation process is an intervention to resolve disputes; it is essentially arbitration. In mediation, the arbitrator will assist the parties (in this case, the parties seeking to terminate their legal relationship) to negotiate a settlement. Unlike dispute resolution involving courts, this alternative form of dispute resolution is voluntary and may be enforced by law.

Many people may not be aware of the mediation process, which largely depends on the mediator’s skill level and training. Therefore, mediation often leads to inconsistent results. The cost is relatively low compared to professional legal services; however, the negotiation may not achieve the desired result, especially the settlement. By hiring a divorce lawyer, it is more likely to obtain an ideal solution and determines a solution that can be enforced by the law.

Living Separately Doesn’t Automatically Mean Dissolution

The truth is that “living under a separation agreement for one year” does not automatically constitute a divorce. To ensure legal separation, it is still necessary to submit legal documents to the corresponding county clerk’s office. Only after these documents are submitted and approved by the court can the dissolution process officially begin. Unfortunately, the separation period before submission-only constitutes a waiver, but it is the basis for the marriage’s legal dissolution.

Spousal Support Is Not the Same as Alimony

People often think that spousal support and alimony are synonymous with each other, but they are not. Spousal support refers to payments directly made by one spouse to the other. Spousal support requires a third party to intervene to accept payment on behalf of the other party. The divorce lawyer wants you to know that the spousal’s support is also broader, usually from the general obligations statute.

Visitation and Child Support Go Together

In court, visits and child support are viewed separately; therefore, you should consider them separately. Regarding child support, lawyers always recommend that people who pay child support should not ignore the court’s responsibilities despite being refused visits with their children. Doing so will only exacerbate the problem. Instead, continue to make your payments and ask the divorce lawyer to file a guardianship application, child guardianship transfer or visit order. In other words, follow the law and don’t leave things to yourself.

Mazzeo Law Barristers & Solicitors
240 Chrislea Road Suite 100
Vaughan, Ontario L4L 8V1

Phone: (905) 851-5909



 



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