Many couples who decide to file for divorce often find themselves caught off guard. They didn’t realize all the work that goes on behind the scenes before they face their spouse in court to discuss the merits of ending their marriage. Although preparing the documents needed to file for divorce may not be as difficult when both spouses agree to file for divorce, but it’s a whole a different story when couples don’t agree right from the very beginning of the process. Such disagreement leads to a series of custody battles and arguments about assets and liabilities.
But for those who are going through the divorce for the first time, here are the top three things that you need to know about the divorce process.
• Child’s custody – the court will always have the child’s best interest in mind. Although both parents are expected to care for the children, the court will always choose the better parent to be granted custody. It is not just about financial stability, but it is also about being able to provide care and assistance that the child needs to facilitate healthy growth and development. When you’re in the middle of a custody battle, you have to make sure that you can document anything and everything that could affect the court’s decision. You may consult your divorce lawyer about the specifics that you need.
• Mediation – the divorce process is not just about arguing and fighting for an extended period. Sometimes, the courts of Canada suggest that couples go through the arbitration process first before they file for the divorce in court. You may choose to go about the process through a public mediator, usually an experienced divorce lawyer, or a private one. Make sure that the mediator you want comes with an experience of dealing with family issues to ensure that all the bases and challenges are covered.
• Time Frame – some divorces takes month while others take longer than a year. The goal of every divorce lawyer is to make the process as quick and as drama-free as possible. In Canada, lawyers keep track of the time frame of the divorce cases they are handling. The courts are very strict with the length of time given for spouses to work on their replies to what the other party has presented. The duration of the divorce is not just dependent on one party alone. It is how the couples choose to settle their issues and how their divorce lawyers can help them through it.
There is no doubt how much help a divorce lawyer can provide his clients. Whether the couple decides to file for an uncontested divorce or a contested one, having a divorce lawyer makes the situation better. Although the hurt and the pain of going through the ending of marriage will always be there, the thought of getting the best out of it makes it bearable.