The so called “divorce landscape” in Canada
changed drastically after the 2010 amendment. What was once a highly
adversarial and extremely expensive undertaking is now fast becoming a “simple”
and convenient phenomenon.
And why would it not be? The inclusion of
“Simple Divorce Proceedings” has virtually eliminated the necessity of hiring a
divorce lawyer, in all but the most strained marital relations.
The Catch
Not very many Canadians realize this! As it
stands, plenty of estranged spouses hire a lawyer, spend thousands of Canadian
Dollars (CAD) because of lack of information, waste time on lengthy and
unnecessary procedures, and put an unnecessary strain in their familial
relations. This article is here to remedy that!
Simple Divorce Filling
This is also known as affordable divorce. In gist, both parties agree to sever their
marital ties. There is no need to allege just or valid cause for divorce. All
they need is to agree to separate. This means the judge no longer has to
require the presentation of evidence and make a determination.
Affordable Divorce with Other Orders
The simple petition can be purely on the
divorce or can also include other related matters. This includes but is not
limited to: separation of property, child custody, support, and alimony. This
means, you can fast track the divorce process and then iron out the property
and support aspect on a separate proceeding.
Who Files For Divorce
Simple divorce allows for single filing and
joint filing. To speed up the process joint filing is advised. This saves at
least 30 days because the requirement of proper service by one party to the
other is no longer necessary.
I Need Help!
In simple divorce, a lawyer does not present
himself in court, gather evidence, nor prepare lengthy pleadings discussing the
merits of the case. In effect a lawyer is not needed, provided both parties
agree to every aspect of the separation.
Theoretically, the 2010 amendment allowed
individuals to file divorce without the need to hire anyone. Realistically
there are instances where hiring a professional but non lawyer may be the
better alternative. This includes but is not limited to:
- Both spouses have no time to learn the basics of simple divorce.
- One or both spouses are illiterate. In which case, it’s best to have a professional explain the terms and conditions.
- One or both spouses are confused on how to fill out the divorce forms.
Why a Paralegal Service?
There are several reasons. First and foremost
they are cheaper by far. For example, lawclaws.org
charges only $250. For this you get the proper divorce forms, basic support,
and relevant guides to proper filing.
Second, divorce forms, proceedings, and
jurisdictions vary, depending on specific situations. You need someone to point
you to the right documents, the proper court, and even coach you on how to fill
out the forms correctly.
Another reason is, because these providers
usually have partner law firms that can immediately step in when needed. In
other words, you have the assurance of a lawyer without paying for one as of
yet.
