Who will file for the divorce first? A lot of people think that the one who filed for divorce is the one who is deeply hurt by the marriage. And yet, if only people would look closer, they would realize that couples who go through the divorce are going through a rough time in their lives. It doesn’t matter who is hurting more or if the other one is hurting less. Luckily, divorce filing in Edmonton can now be done in two ways. The new Rules of Court has allowed the joint filing of the divorce.
Whether you decide to go for the standard type of divorce or the joint one, here are the specifics of each type and what’s in it for you if you choose either one.
The Standard Divorce
One of the spouses will file for divorce and in the case, he or she shall be addressed as the Plaintiff, while the other spouse will be referred to as the Defendant in the case. Unless both spouses agree that divorce is what they both want, this is the kind of separation that is the most advisable type to be filed. The Defendant, in this case, may choose not to respond though served with divorce papers, which would readily exempt them from having to agree with all the other specifics that come with every stage of the divorce. The Plaintiff will then be in the position wherein he or she would have the central control over the proceedings. He or she can change the pace of the proceedings according to her liking. The Plaintiff’s preferences may have more value in court, too.
The Joint Divorce
For residents of Edmonton, the joint divorce may be a new territory, and almost everyone knows only a thing or two about this type. When you and your spouse have agreed to file for divorce, both of you shall march in court and express your intent to end the marriage. Both will be referred to as Husband and Wife during the divorce proceedings, and no one will be labelled as Plaintiff or Defendant. However, the possibility of the relationship getting strained during the divorce proceedings may still be high, and the other spouse may choose to abandon all the proceedings after that. On such cases, the terms and conditions governing the Standard Divorce shall apply.
Whether it is the Joint Divorce or the Standard Divorce you’d apply for, each one comes with its advantages and disadvantages. If you want to learn more about which type of divorce should be taken based on your situation, it is best to consult a divorce lawyer about it. They will know what will be best for you.