Hello, my name is Brian Galbraith, I’m theowner of Galbraith Family Law. We’re a law firm of divorce lawyers located in Barrie,Orillia and Newmarket, Ontario. How to obtain your uncontested divorce? Well, an uncontesteddivorce is the final step in the dissolution of your marriage. Usually we don’t proceedwith the divorce until all of the other divorce related issues are resolved. So, those issuesmight involve the children, such as custody and access or child support, spousal support,division of property or equalization of property. Once those issues are resolved then thereshould be no contest, there should be no fight in other words, and the divorce can be obtainedas a matter of course.
Usually those divorce related issues thatI listed are resolved by way of a separation agreement through negotiations but sometimeswe have to go to court to ask a judge to resolve the divorce related issues. So, once thoseare resolved, documents are filed at court, they’re served on your spouse and the divorcecan proceed. It’s just a matter of documents being filed with the judge. You don’t actuallyhave to appear before a judge to obtain an uncontested divorce. In our county a divorceusually takes six to nine months to obtain. There are some reprieve requirement that youneed to meet before you can obtain a divorce. First, you have to have been married. Youcan’t get a divorce or you don’t need to obtain
a divorce if your relationship was a commonlawrelationship, so you have to have been formally married before you need to obtain a divorce.The second requirement is that either you or your spouse must be living in Ontario andhave been living here for at least one year prior to the date you filed for your divorce. Also, when you’re filing for the divorce youfile at the courthouse where one of you is residing, in the area where one of you isresiding. Perhaps the most important requirement to obtain the divorce is that there needsto be proper child support being paid, in accordance with the child support guidelines.So, the only exception to that is if there
is some other direct benefit being transferredto the children. So, for example, if the payer of child support has transferred their interestin the equity of the matrimonial home to the recipient probably a judge would say thatis beneficial to the children and that’s good enough and the judge will let the divorceproceed. So, you either have to be paying in accordance with the child support guidelinesof proper level of support or paying in a different direct way to the benefit of thechildren in order to obtain a divorce. So, some people say why get a divorce. Well,that’s a good question. The answer is that there is a sense of closure when you obtainthat divorce. It means that it’s finally over.
That may not mean a lot to you right now butwhen you start dating, I’ll tell you, potential new partners are not too impressed if you’restill married. Since it takes six to nine months to obtain a divorce, it’s better justto proceed with it and get it done now so that there’s no barriers to any future romanticrelations. So, if you need some help with your uncontested divorce, we’re pleased tohelp you. We do dozens and dozens of divorces every year. If you see at the bottom of thisour website, it’s galbraithfamilylaw . on that and you can book a consultationwith one of our lawyers. If this tutorial has been helpful, just give it a thumbs up. Wewould really appreciate your support. Thanks
a lot. Good luck.
Child Custody Petition Getting Temporary Custody Before Divorce is Finalized
child custody petition getting temporarycustody before a divorce is finalized when you file for divorce your biggest concern is likely to beyour children you might wonder who they will live with or worry abouthow often you will see them to put your mind at ease and settle someof these questions the best thing to do is to ask the court to make a temporarycustody order for the remainder of the divorceproceedings to do this you and your attorney will file a motion andasked that the court
order custody to you or jointly betweenyou and your spouse and set a visitation schedule to make a decision about who will gettemporary custody and how much visitation time the other parent willget the judge will consider what would be in the best interest of the children there are several factors that willinfluence the court when it makes this decision some factors might include who was theprimary caregiver which is the person who took care ofmost at the Children’s daytoday needs
who has more time to devote to the careof the children who has closer emotional bonds with thechildren and who is remaining in the family homeor staying nearby where the children can remain in thatfamiliar and stable environment close to school and social supportstructures during a divorce both parents regardless of genderstanding equal before the court and the judge won’t automatically awardtemporary custody to the mother in fact in many areas joint custody isthe presumption where both parents
are fit for the care of the childrenasking for temporary orders protects you and your children and startsyou and your children on the road to stability during a veryunsure time it also provides a framework withinwhich you and your spouse can cooperate until a final plan is putinto place.