More than 350 divorces are pronounced each day by the courts, almost four times more than in the early 1970s. More common and simpler to undertake, divorce remains a step often difficult for the people concerned. Its effects are not trivial.
Types of divorce
There are two main categories of divorces: amicable divorce and contentious divorce. Amicable divorce, or divorce by mutual consent, is the fastest, simplest and cheapest divorce. But it implies an agreement between the spouses concerning both the principle and the effects of the divorce.
Contentious divorce presupposes a disagreement between the spouses and therefore a certain conflictual. The most well-known litigation divorce and fault divorce. The cost of a contentious divorce can be very high. Divorce lawyer Toronto could be a helping hand in this situation.
Stages of divorce
Divorce is a legal procedure that follows several mandatory steps. The first step is to send, through a lawyer, a petition (= petition for divorce) to the court. Then, a conciliation hearing is held in court and brings together the two spouses, their lawyers, and the family court judge.
In the case of non-conciliation, the judge issues a non-conciliation order. One of the spouses, to continue the proceedings, will have to assign his spouse to divorce. The assignment in divorce marks the beginning of the contentious procedure. According to exchanges, the family court judge will rule and pronounce the divorce.
It should be noted that divorce by mutual consent is much simpler: divorce can be recorded at the first hearing before the judge if the divorce agreement respects the rights of spouses and children.
Cost of a divorce
In divorce, lawyer’s fees are by far the largest cost item. These fees are freely fixed by the lawyers and can, therefore, vary considerably from one lawyer to another. The cost of a lawyer for a divorce will be all the higher as the divorce is long and confrontational.
Consequence: a divorce by mutual consent, amicably, costs much less than divorce litigation. Divorce for misconduct is usually the most expensive divorce. If you can not afford the cost of divorce, know that you can apply for legal aid.
Parents have a maintenance obligation towards their children: they must feed them, house them, clothe them, etc. To continue to fulfill this obligation after the divorce, the non-custodial parent pays child support.
Alimony is a sum of money paid every month and the amount of which is fixed by the judge or by the parents before, during or after the divorce proceedings. Its payment is obligatory. You can calculate the amount of child support in advance to get an idea, even though this amount is ultimately the judge’s responsibility. Other procedures concerning alimony are possible: the pension can be revised over time, for example.
Parental authority is a legal term that refers to all the rights and obligations of parents towards their children. By law, this parental authority is joint, that is to say, exercised by both parents. Divorce does not alter the joint nature of the exercise of parental authority. In some very specific cases, the judge may decide to withdraw parental authority from one of the parents. We then speak of exclusive parental authority. A parent, even if he no longer has parental authority, continues to enjoy the right of access and accommodation.