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Are you looking for information about divorce or separation from a Ontario divorce lawyer? I'm here to tell you that there are dozens of great lawyers in Ontario that practice in the area of family law. It makes good sense to obtain a lawyer when you are involved in a pending divorce as it is a matter that can get complicated very quickly. Most divorce lawyers in Ontario provide for a free initial consultation so that you can get a broad understanding of the divorce laws. A divorce lawyer will also be able to help you with a separation agreement which will provide clarity to the overall divorce proceedings. Prior to obtaining a lawyer, it's a good idea to try and research as much as you can about the topic. A good way to do this is on the internet as there is an abundance of information and resources - like this blog :-) that you may find helpful. When I was going through my divorce, I tried to obtain all the information I could about separation, child custody, divorce lawyers and more. To help you out, I've attempted to assemble the top 4 questions that you might be having as you're going through this difficult process. Question #1 - What are the grounds for divorce? In Canada, divorce is governed by the Divorce Act which sets out the rules for divorce. There are three (3) primary grounds for divorce: 1. Cruelty 2. Adultery 3. Being separated for at least one year Out of the three, the main ground for divorce is separation for a year as the other two grounds add mediation time and make your divorce expensive. They also require additional proof which adds further court room time in front of a judge. Question #2 - What is an uncontested divorce? The laws in Ontario provide for an uncontested divorce which is when both parties agree to divorce. In general terms, you may apply for an uncontested divorce when the following conditions are met: 1. Neither party is seeking relief as the items related to child support, spousal support have already been handled through a separation agreement or court order 2. Each party has been apart for one year or more 3. You serve your spouse with the divorce documents 4. Your spouse will not reply to the divorce documents Question #3 - Do I need a lawyer for an uncontested divorce? The short answer is no. You can elect to represent yourself, hire a lawyer or a paralegal. From my experience, I suggest that you obtain professional advice from a Toronto divorce lawyer or paralegal. Of course, this all depends on your individual situation. Question #4 - What traits do I look for in a Ontario divorce lawyer? Choosing your divorce lawyer in Ontario will be a very important decision. You will need to balance several different factors. I suggest that you obtain a lawyer who has lots of experience with litigation and negotiation. Don't be afraid to interview several lawyers and ask them questions. You'll want to select someone who will represent your needs and understands your situation. Finding a divorce lawyer in Ontario is not an easy process. This article should help prepare you.
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