Divorce Filing

Filing for Divorce vs. Separation Agreement

What is a Separation Agreement?

A separation agreement is a legally binding agreement signed between the two spouses which contains all the decisions that were made. The contract sets out each party’s issues and rights with regards to child and spousal support, custody, and access, property and debts.

What is Alternative Dispute Resolution?

An agreement can be reached in several ways. A more traditional but somewhat costly and time-consuming way is where each party hires a divorce lawyer and then argues their case. The more cost-effective and increasingly faster way, often resulting in better outcomes, is known as Alternative Dispute Resolution (ADR). This methodology includes mediation and arbitration. To learn more about Mediation, you can visit Family Mediation Canada. Fairway Divorce Solutions services falls under the Alternative Dispute Resolution definition and uses a proprietary model known as Independently Negotiated Resolution™ (INR) to bring resolution and agreement on all issues.

What does it mean to file for Divorce?

Once you have entered into a separation agreement that captures all the terms of your settlement then you can file for divorce (assuming you meet the time requirement). The divorce judgement terms will reflect the same terms in your agreement. In Canada, divorces are dealt with at the Provincial level but will be registered nationally. The Federal Divorce Act governs divorce in Canada. Each Province does have its own requirements to ensure you are eligible to file in that Province. Once the court approves your divorce, which is often just ensuring you have filled the paperwork out properly and if you have children, that you provided for them, you will receive by mail, your Divorce Decree certificate which states that you are officially divorced.

What is the difference between a Contested Divorce and an Uncontested Divorce?

Uncontested Divorce

After the Separation Agreement has been signed or if the issues are straightforward, not requiring an agreement, and both parties agree that they want a divorce, then it is regarded as uncontested (Desk Divorce). In this case, the parties file together. The provincial governments set out the rules for the Family Court processes. This joint divorce is much less expensive and time-consuming than a contested divorce and can either be done by way of “Do-it-yourself kits” or by hiring a paralegal or one lawyer to do the filing. In order to qualify for an uncontested divorce, there must be no outstanding unresolved issues with regards to the children. These divorces need only one application and therefore can use the same lawyer, paralegal or another service to file.

Fairway offers Quick and Easy Uncontested Divorce Services for a low cost. While Do-it-yourself kits sound intriguing, most people are overwhelmed with how long it takes to fill things out and the number of times the courts send it back with mistakes. At Fairway, we strive to deliver exceptional service at less the cost and time than our competitors.

Contested Divorce

A contested divorce is where one party is in disagreement, and litigation may arise. A contested divorce requires additional fees and serving costs. Often divorces will not be granted until you resolve all issues, but this is not always the case. Most contested divorces are with lawyers and are highly conflicted. In a contested divorce, both parties file a separate divorce application.

Fairway Divorce Solutions will guide you on all of these points.

What are the grounds for divorce and when can I apply?

If you have resolved your problems, have no issues, or have a signed separation agreement, you can apply for your divorce under the no-fault rules that simply require you to be living separate and apart for one year.

Contrasting the no-fault divorce with the fault divorce, fault divorce can be filed under the grounds of adultery or cruelty. In these situations, you may be granted a divorce earlier than one year, but the cost both emotionally and financially may not justify getting a divorce a few months sooner than if you wait one year. Plus, the outcome of your issues is not dependent on whether it is fault or no-fault; therefore, we see very few divorces filed this way anymore.

At Fairway, we offer this service as part of our overall approach to having a one-stop shop. So even if you did not use us for mediating your issues and drafting your separation agreement, we are here to help you file for divorce most efficiently and cost-effectively.

When will I likely get my Divorce Finalized and my Certificate in Hand?

Once you have all the paperwork completed for your divorce, then it is filed with the Court of King’s Bench at your courthouse or a city near you. You can deliver the paperwork to the clerks at the courts on your own, or you can get a company to do it for you.

At Fairway, we take care of delivering everything on your behalf.

The clerks at the courthouse will review your documents to make sure you have not missed anything. If any detail is missed, it will be mailed back to you, and you will have to repeat the process. Once the paperwork is deemed completed, it is put forth to the Judge who will ensure that you have completed things according to the law. The Judge will not grant you a divorce if you have dependent children and have not set out how they will be taken care of. You do not have had to resolve all property issues however this is not highly recommended, and it would be prudent to get advice before doing that.

If everything is completed correctly and there are no outstanding disputed issues, you will likely get your certificate back within a few months, of course depending on the backlog at the courts.