We recently had a question about whether a judge could order a couple who had not lived together for over a year to do so before granting a divorce. Under no circumstances can a judge order them to live together for any amount of time. The closest thing to what you say is that a judge can refuse to grant the divorce if he believes there is a a possibility of reconciliation. The Divorce Act says:
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(2) Where at any stage in a divorce proceeding it appears to the court from the nature of the case, the evidence or the attitude of either or both spouses that there is a possibility of the reconciliation of the spouses, the court shall
(a) adjourn the proceeding to afford the spouses an opportunity to achieve a reconciliation; and
(b) with the consent of the spouses or in the discretion of the court, nominate
(i) a person with experience or training in marriage counselling or guidance, or
(ii) in special circumstances, some other suitable person,
to assist the spouses to achieve a reconciliation.
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In actual practice the only evidence on this issue that the judge will have in an uncontested divorce will come from the affidavit(s) of the applicant(s) which will just state that there is no possibility of reconciliation and the judge will accept that.
Under section 9 of the Divorce Act a lawyer has the duty to discuss the issue of reconciliation with his/her client and inform him/her about “marriage counselling or guidance facilities” and “mediation facilities” for assisting in negotiating terms of divorce.
Getting a divorce is never easy. But when you have to deal with high legal bills along with everything else it can be scarier than it has to be. We have come up with several ways you can keep your legal costs under control.
. Is a lawyer really necessary? Often the answer is “yes”. Where else can you go to find out what your legal rights and responsibilities are? But after you get the answers to your questions if may be possible for you to take care of the remainder of your divorce by yourself – possibly with just a little help.
The vast majority of divorce cases are uncontested – the spouses have agreed on the terms of divorce. The relationship is over and needs legal closure. You cannot expect the court office to prepare your paperwork for you but there are some affordable alternatives to law firms.
The first is a do-it-yourself divorce kit. This is really a workbook with a lot of fill-in-the-blank type forms. They usually cost between $20 and $40 and you can find them at most bookstores and stationary stores. Expect to spend many hours figuring out how to fill in the forms but you will save a lot of money in the end.
A second way to go is to hire an online service that will take your information, prepare your forms, and email them to you along with specific instructions allowing you to file them at the court office yourself. For a couple of hundred bucks this is far easier than the do it yourself kit and still saves loads of money compared to hiring a lawyer to do it all for you.
2. Consider mediation. In the mediation process you are still in the driver’s seat, no judge gets involved and lawyers are optional. Instead a mediator, a professional trained in assisting spouses to negotiate with each other, will help you settle any issues you have been unable to agree upon. Even touchy issues are usually successfully resolved when both spouses are prepared to give mediation their best effort.
Compared to a divorce trial which you can expect to cost each spouse tens of thousands of dollars, mediation will only cost a few thousand each, possibly even less.
3. If you need legal advice see how much of it you can get for free by taking advantage of the common 30 minute free consultation. Be sure to ask if the lawyer offers these freebies before you make an appointment. They are common enough that if you call around you should be able to find someone who will talk to you for a while for free.
4. Although almost all lawyers charge based on an hourly rate, they will bill you for every single minute they spend working on your file. That means writing, dictating, preparing documents, and even just speaking to you briefly on the phone. Every minute is costing you money so don’t make frequent calls for updates. Instead establish some regular reporting system up front such as arranging to receive a copy of all letters and documents or a monthly report letter.
5. Some, but not most, lawyers will agree to bill you a flat fee for your divorce. It won’t be cheap but at least it will give you the peace of mind of knowing what the damage is right from the start. If you need to arrange financing it helps to know how much you will need to borrow or set aside. You and your lawyer can then focus exclusively on results.
If you and your spouse cannot agree on the terms of your divorce, such as the ‘who gets what,’ generally the solution is to go to court to have a judge make the decisions for you. This step is a last resort because when it goes to court and the judge makes the decisions they are final.
In order to receive a fair decision there are some pretty simple do’s and don’ts that should be followed as well as some that may not be so simple. Following these can put a person in a situation to benefit from having to take this step in the divorce procedure.
As the simpler ones are very easy to adhere to, lets get them out of the way first. The first ones is to avoid chewing gum because it is often seen as disrespectful. Second, turning off cell phones is important and leaving behind the newspaper and your coffee cup are good ideas because these too are often considered disrespectful. Finally, to round out the simple things, just make sure you watch what you say about your spouse, it is important not to disrespect them in front of the judge.
Slightly more difficult is being aware of the attitude you have when in the courtroom. Understandably, a divorce can produce some negative feelings and can leave you with a sour outlook but when in the court room it’s important to keep yourself in check. If you catch yourself sneering or shaking your head in disapproval then try to put a stop to it, at least until you are out of the court room.
You also need to be careful with emotions, it is expected that you’ll have some anger or maybe at times be upset enough for tears but you need to watch what you say and if you are going to cry it better be legitimate because otherwise it can be looked at very poorly. At best, crying is only going to help you show sincerity and no one in a court room likes a drama queen.
The last thing to carefully consider is self representation because it can have a good or a bad impact depending on the reason behind it. If you cannot afford a lawyer it is okay to represent yourself but if you have the money and just think you can do a better job or are looking for sympathy the judge will not look at it in a good way.
Do not forget that the judge is human and if you just be yourself and be sincere and respectful, then you have a great chance of having a fair and just result.
For a fast, low-cost, lawyer-free legal divorce visit www.DivorceOnline.ca
A Jewish religious divorce, also known as a ‘get,’ had been promised to a wife by her husband. When the husband did not follow through, The Supreme Court of Canada awarded the wife damages for his breach of the promise.
The way a Jewish religious divorce works is different than a typical divorce because it involves, if at all possible, a meeting of both parties where the divorce document is handed to the wife by the husband which means it is done properly and officially according to Jewish law (aka: Halakha). But, also according to Jewish law, if the husband refuses to grant the ‘get’ then they are separated but the wife is unable to remarry. The same applies if the situation is the opposite with the wife refusing to grant the ‘get’ to the husband, then he may not remarry.
Also, different from a typical civil divorce document, a ‘get’ does not include any reference to fault or blame for the separation. A marriage within the Jewish religion is thought of as a uniting of two people and the ‘get’ erases that union.
In response to the latest incident involving the broken promise, a conference was held a few days ago on February 9, with a couple of well respected speakers who are experts on Jewish divorce. These leaders in the Jewish community are lobbying for a bit of a change in the way things are done when a ‘get’ is granted by the husband.
At the very least these experts are strongly suggesting that women have an attorney present when they are exchanging the documents with the husband. They refer to the Jewish divorce as a “broken†system because, as is, it provides the husband with an unequal amount of power over the estranged wife. They say that in most situations, the husband will not grant the ‘get’ simply as an act of revenge or to hold out for a better distribution of the couples assets.
The best way for this kind of situation to end well is for couples who are about to embark on marriage in the Jewish faith should sign a prenuptial agreement.
For a fast, low-cost, lawyer-free legal divorce visit www.DivorceOnline.ca
If you choose to hire a lawyer to oversee your Canadian divorce, in most cases you will notice that divorce lawyers in Canada do their best to keep you and your spouse from taking your dispute all the way to the court. This is because all lawyers have been taught to help lessen the burden on the already overburdened court docket by attempting to settle cases out of court.
Your lawyer will negotiate on your behalf with your spouse’s lawyer through a document known as an offer to settle. There is a formal version of the offer to settle, but it is also possible that your lawyer may choose to use the informal version. Do not be alarmed by the word informal; the informal version is still legally enforceable in every sense if accepted by the other party.
What you should be alarmed about, however, is that in many cases, informal offers to settle cannot be raised in court. This is due to a two-word phrase which lawyers often use. The phrase is without prejudice and it is a lawyer’s way of keeping communication private and out of court.
But, how important could this be? Potentially very important. The following scenario is a common occurrence and nicely demonstrates the disadvantages of using an informal offer to settle. Assume that you make a reasonable offer to your spouse in an attempt to settle a specific issue related to your divorce, but your spouse refuses your offer. He or she then brings the case before the court, where the judge decides the case in a manner similar to your earlier offer which your spouse had declined.
“For a fast, low-cost, lawyer-free legal www.DivorceOnline.ca.â€
