The document outlines the general 8 step process for obtaining a divorce in Toronto, Canada. It begins with hiring a divorce lawyer who will then file an application for divorce with the court. Parties may attend mediation sessions to try and reach agreements on issues like child support, property division and custody. If agreements cannot be reached, outstanding issues will be decided through a divorce trial. The overall process aims to end the marriage while efficiently and fairly settling any disputed matters.
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Filing for divorce can be a detailed process depending on the nature of the
circumstance, the amicability of each party towards reaching agreements,
whether the couple has minor children, financial investments, and so on. People
often have questions about what to expect during the process, how fast they can
get divorced, and what happens to marital assets in the process.
To help answer these questions, we are going to cover a general overview of the
divorce process. For more detailed steps in the process or unique situations, we
recommend calling our Toronto family law firm to speak with one of our Toronto
divorce lawyers directly.
Step 1: Hire a Toronto Divorce Lawyer
To ensure your divorce proceeds as best and as efficiently as possible with
minimal delays and other issues, it is best to hire a qualified lawyer in Toronto to
handle your divorce.
Step 2: File the Application for Divorce
Your lawyer will prepare and file the Application for divorce with the court. The
other party will be served and given time to respond to the filing. You will then
have a chance to provide a Reply to this Response. These are called Pleadings.
Typically, once the pleadings are filed, a First Appearance date is scheduled by
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the Court. At this appearance date, barring any specific issues or circumstances
of the case, an initial Case Conference date would then be scheduled.
Step 3: Filing of Motions
Motions can be filed at any time during the divorce proceeding, but only after a
Case Conference has been held. For example, after filing your application for
divorce, it is not uncommon to file a motion for temporary child support until the
final child support agreement is reached. Motions to change existing orders can
also be filed throughout the divorce proceeding. Urgent Motions are the only type
of Motion that can be advanced before a Case Conference. However, throughout
the divorce proceeding, Urgent Motions can be filed at any time. For Urgent
Motions to proceed, a caselaw test needs to be met to determine urgency.
Step 4: Attend a MIP Session
Before attending your first Case Conference, most parties will attend a Mandatory
Information Program. The MIP session educates the parties about the divorce
process, family court, and other important information. It provides essential
information as to what the court process will look like.
Step 5: Attend Your First Divorce Case Conference
This first hearing is merely administrative in context. The Master or Judge
hearing the Conference will make procedural Orders in the matter before it
proceeds to the next step. This Conference is really to ensure the parties and the
court have all the necessary information in terms of position on issues, financial
disclosure and other information as applicable to proceed.
Step 6: Schedule Settlement Conferences
There are various types of settlement agreements that must be reached and
included in the final divorce agreement. Settlement Conferences are used to
attempt to reach these agreements. It is the second typical step in the Court
process after a Case Conference. Initially, the Conferences may only involve the
two parties and their lawyers. If needed, a mediator or arbitrator can be used to
help negotiate disputed matters and reach an agreement.
Step 7: Trial Management Conferences
These Conferences occur when the matter needs to proceed to trial. The purpose
is to for the parties to meet with the judge, provide details about what evidence
they will give, witnesses they will call, and so on. However, at this stage, there is
still a possibility to settle the case or at the very least, narrow down the issues for
trial.
Step 8: Divorce Trial
If offers to settle and mutually agreeable settlement agreements are not reached,
then outstanding issues are litigated in court through trial. The judge will hear
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both parties and then make a final ruling on the outstanding matters. This final
decision will culminate in a Final Order that can only be appealed or varied
through the process of a Motion to Change.
Again, these steps are a general overview of the divorce process. Depending on
your circumstances, you may not require every step. If you have further questions
about the divorce process or to schedule a consultation with a divorce lawyer in
Toronto, contact Davies Law Firm at (416) 363-0064 today, for the legal advice
and guidance you need, to protect your interests.
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toronto/