Simple Divorce Papers

In most [tag-tec]divorce[/tag-tec] cases neither spouse needs to appear in a court room before a judge. That’s because most divorces are uncontested and can be dealt with by the court simply as a matter of paperwork. Yes, you still need to have all your documents in order, and yes, this can be a royal pain in the backside (which creates the need for services like our divorce document preparation service) but at least you avoid the ordeal of an actual court room appearance.

But what about cases which are not uncontested and the spouses lives far apart? If the unsettled issue is the proper amount of child support, in [tag-tec]Canada[/tag-tec] there is a provision for something called a provisional order. The spouse asking for support goes to court before a judge near his home, provides the relevant documents, tells the judge what the support amount should be and why and then the judge makes a provisional order.

Then, that provisional order, along with the rest of the court file, gets sent to a judge near the other spouse’s home. There the other spouse can appear before that judge, provide the relevant documents and have her say about what the right amount should be and why. It is then up to that judge to either confirm or modify the provisional order.

The problem is that the cases where provisional orders can be used are limited to support cases and only where both spouses reside in Canada. In other cases it may be prohibitively expensive and even unfair for one spouse to have to travel to and from one or more hearings near the home of the other spouse.

Another option is for the spouse who lives away to attend the hearing via [tag-tec]video conference[/tag-tec]. Video equipment is set up in the court room, as well as an appropriate location near the remote spouse. This gives the remote spouse the opportunity to observe the proceedings, including the body language of the witnesses and likewise allows those in court, including the judge, the opportunity to observe the remote spouse.

As the cost of such technology decreases this option is becoming more affordable and will probably become more widely used. However, there are still the associated costs of renting the equipment and hiring the technicians to set up, operate, and take down the equipment. This can make it all a more expensive proposition than the actual travel. However, for someone who cannot travel due to work, health or other issues, it is a viable alternative to relinquishing your legal right to be heard.

For further reading on this subject see:

1. Want divorce? Go high-tech
2. Vedic Marriage, Video Divorce

For a fast, low-cost, lawyer-free legal divorce visit DivorceOnline.ca