How do you apply for divorce?
There are legal documents that must be filled in and then filed at court to begin the divorce process or divorce application.
The party who applies for divorce is referred to as the Applicant. The other party is referred to as the Respondent. The Applicant sets out all of his or her claims in the Application for Divorce. The Applicant can ask for a simple divorce or s/he can ask for a number of issues to be addressed, including:
- custody of the children
- access to the children
- child support
- spousal support
- division of property
- exclusive possession of the matrimonial home
- restraining order
- costs, etc.
The Respondent also has an opportunity to respond and set out his or her own claims in the Answer. Both parties will also prepare Financial Statements setting out their incomes, expenses, real property, assets and debts.
Once all the paperwork has been prepared, documents are formally exchanged and filed at court.
Since there is usually opportunity for settlement at every step, the vast majority of cases never reach trial. Though trials may provide parties the opportunity to air their grievances in court, it is preferable to negotiate and settle, if possible (assuming a fair settlement can be reached). Fortunately, family law courts encourage parties to explore opportunities for settlement at every step, even if proceedings reach trial.
Mahdi Leite Family Law is here to advise and guide you through every step in the most cost-effective and timely manner.
To book a free consultation in Toronto or Mississauga, please call (416) 284-2354 or email us at email@example.com