Family Law

Contested Divorce

Family Law

Contested Divorce Lawyer

As the name suggests, a contested divorce occurs when the spouses do not agree on one or more aspects of their separation. For example, disagreements could arise regarding the custody of the children, spousal support, division of the assets, and who will pay for the liabilities and loans or even agreeing to the divorce, and there could be a dispute as to the date of separation. Contested divorces are very common in long-married couples with multiple children and properties, complicating the process. In such cases, the first option will be for the spouses and their divorce lawyers to come together to try and settle the matters through negotiations or mediation. You can reach an out-of-court settlement for the agreement this way. However, most contested divorces are often settled in courts, and this is where having a good divorce lawyer by your side becomes crucial.

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How can a divorce lawyer help you?

In a contested divorce where there is no common ground between the spouses on most issues, your divorce lawyer will fight to ensure that your parental and property rights are protected in the final divorce order. A divorce lawyer can help you in the following manner:

Negotiating the divorce settlement agreement: Both sides, along with their lawyers, will sit down and negotiate on each aspect of the divorce and try to come to an agreement. If they can come to an understanding on issues such as child and spousal support and child custody through negotiations, then the expensive and time-consuming litigation can be avoided.
Legal representation: Once the option of negotiations is exhausted, you will have to approach the court for a resolution. Your divorce lawyer will represent you in court throughout the proceedings.
Drafting the agreement and preparation of legal documents: If a divorce settlement agreement is reached through negotiations, then your lawyer will draft the agreement and get it signed and witnessed, making it a legally valid document. Also, if the case goes to court, you will be required by the court to submit various documents, such as financial statements and affidavits. Your lawyer will assist you in ensuring that you comply with the court orders and that all the documents are submitted within the deadline.
Assisting you with property division and equalization: One of the biggest points of contention in a divorce is property division. This can be very difficult to settle if there is no prenuptial or postnuptial agreement stipulating the division of assets in the event of a divorce. Even if there is a prenuptial or postnuptial agreement in place, it might still be contested in court by one of the spouses. Your lawyer will guide you in identifying and segregating marital property and separate property and explain the rationale behind property division and equalization as per the provisions of the Divorce Act.
Fighting for child custody and child support: When it comes to child support and custody, Canadian law is only concerned about what is best for the child. The various unresolved issues between the spouses do not come into the equation. Your divorce lawyer will argue for the child’s best interests while safeguarding your parental rights.
Assistance in enforcing the divorce settlement agreement or the final divorce order: In a bitterly contested divorce, the spouses might go on fighting even after the divorce and refuse to cooperate with each other in following the terms and conditions of the divorce. If your former spouse defaults on child support payments or refuses you access to the child, you will need the assistance of your divorce lawyer again to take legal action against them to ensure compliance.

Frequently Asked Questions

How is the property divided in a contested divorce?

In a contested divorce, the property will be divided as per the principles of equalization. The Divorce Act envisages the equal division of marital property between spouses since marriage is seen as an equal partnership under the law. The wealth accumulated during the marriage has to be equally divided. Net Family Property refers to the value of wealth belonging to each spouse at the time of their separation. This amount is the difference in their wealth at the time of separation and at the time of marriage, after excluding the liabilities. Please note that the value of the matrimonial home will be divided equally between the spouses. The spouse with the higher NFP must pay half the difference amount to the other spouse to equalize their wealth. This amount is called the equalization amount.

How long will it take for the contested divorce to finalize?

If there are no errors in the application, a simple or uncontested divorce will be finalized within a few months since the spouses are in agreement on all issues affecting the divorce. However, in a contested divorce, it will take much longer for the divorce to be finalized since there is no agreement on most issues. The court will have to make the decision after hearing both sides of the argument. The entire process might take up to a year or several years, depending on the issues involved in the case.

What are my options if my spouse refuses to cooperate with the divorce?

You may still seek a divorce at the court even without cooperation from your spouse. Your divorce lawyer will present the arguments on your behalf. The court might enforce cooperation from your spouse by issuing legal orders and imposing a penalty on them for not complying with the legal process. The court might also pass a default judgment if there is no response from their side. A default judgment is passed when one of the parties fails to submit a defence or response within the stipulated time. If your spouse is not cooperating or has already left the jurisdiction, your divorce lawyer will request the court to issue a default judgment in your favour.

What can be done when my former spouse refuses to comply with the terms of the divorce?

You will have to seek legal remedies in such cases. Your divorce lawyer will help you in taking action through legal channels. For example, if your former spouse fails to pay child support, your divorce lawyer will file a legal enforcement request with the Family Responsibility Office (FRO). FRO has significant authority when it comes to enforcing payments directly from the payor’s account or by contacting the payor’s employer. They can suspend the driver’s license or passport of the payor parent and pursue legal action if they refuse to comply.

We can Help

If you are dealing with a contested divorce, contact our team today for legal representation and guidance. Our experienced divorce lawyers will fight on your behalf and ensure that your rights and interests are protected.