If you’ve read Part 1 of our posts on Going to Battle in Family Court, you’ve already learned some important tips that will help you organize your case and put your best foot forward. However, even the most organized person may still be shaken by the intimidating atmosphere of a courtroom. Consider these additional recommendations in preparing for your day in court:

• Investigate educational seminars in your community. Many courthouses offer free workshops where you can learn what to expect when you arrive for your day in court. Call or visit your local courthouse to ask for information, and take advantage of any classes that may benefit you. You can never be too prepared.

• Spend a day in court to learn about customs. Go to the courthouse where your matter will be heard. Spend a few hours in a courtroom watching the process and learning how lawyers present their cases. Take note of any tactics or customs that may be helpful to you. Remember, the judge in your case will not expect you to have the experience or knowledge of a lawyer, nor should you try to use sophisticated legal arguments or tactics. The purpose of this exercise is simply to familiarize yourself with the hearing process and courtroom customs.

• Maintain composure. This is where the organizational tactics discussed in Part 1 of these posts will help. Especially in family law matters, you should expect an emotionally-charged day in court. Do not expect your ex to follow the rules or play nice. By preparing for the worst and hoping for the best, you will be in a position to clearly present your case to the judge and will present as a level-headed, calm, reasonable person. Stay focused on presenting your case and remain as unemotional as possible.

For more information on separation, divorce, and other family law matters, please visit MyOntarioDivorce.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

In our last article, we learned about what you can do to minimize the cost of your Divorce Application. The same money-saving approach can be applied to preparing your Separation Agreement. Today, we will examine the process for preparing a legally-enforceable Separation Agreement with minimal lawyer involvement.

Step 1: Draft your Agreement. There is a lot of misinformation about what constitutes a legally-enforceable Separation Agreement. While the contents of a Separation Agreement are flexible to permit for different situations, it is NOT sufficient to simply draft your own agreement and sign it in the presence of another person. You may choose to draft your Separation Agreement yourself, but without proper guidance, you will likely have to pay a lawyer to re-draft it.

We recommend making use of our FREE Separation Agreement Software at MyOntarioDivorce.com. It will walk you through all of the issues that need to be included in a Separation Agreement and prompt you to enter the required information. The end result is a Separation Agreement that you can save to your computer and print out at home. You can save a considerable amount of money/lawyers fees by completing this step yourself.

Step 2: Have a lawyer review your Separation Agreement. This is a crucial step that many people skip over.  Using our our free Separation Agreement Software is a great place to start. By completing your own first draft, you drastically reduce the number of hours that a lawyer will have to spend working on your Separation Agreement. However, when you are dealing with matters as important as your children and money, you will want to make sure that there is no room for error, and a lawyer can help you do that. This is also an important step when it comes to the enforceability of your Separation Agreement (more below).

Step 3: Once your Separation Agreement has been reviewed by a lawyer, you and your spouse must obtain Independent Legal Advice from two separate lawyers. The lawyers will issue you and your spouse two certificates if ILA confirming that you understand what you’re signing and were not forced to do so. You can learn more about ILA here.

Carrying out these 3 steps results in a Separation Agreement that is enforceable in a court of law. Skipping any of these steps can result in a judge throwing out your Separation Agreement and starting from scratch, taking the power out of your hands. Save money and do it right the first time!

For more information on separation, divorce, and other family law matters, please visit MyOntarioDivorce.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

As you know, at MyOntarioDivorce.com our goal is to enable you to legally separate or get divorced with minimal lawyer involvement. For many, the process is overwhelming. Others assume they can do it all themselves without the advice of a lawyer. The reality is somewhere in between. If you’re going to do it properly, yes, you will have to hire a lawyer for certain steps. But, there are many things that you can do yourself with simply a little guidance.

In today’s post, we will look at the basic procedural steps you must take to file your Divorce Application, and learn what you can do yourself without a lawyer.

Step 1: Fill out your Divorce Application. This is the initial paperwork that is submitted to the court, along with your original marriage certificate, to open your file and alert the court that you are requesting a divorce and/or order to deal with property, children, or any number of other things. You can get the Simple and Joint Divorce Applications on our website. And you can get the Contested Divorce Application by contacting Berman Barristers. There are a number of different types of applications, so be sure to read the instructions and make sure you have selected the right one.  This is a step that you MAY be able to complete yourself, provided that your matter is not overly complicated. If you are involved in a high-conflict divorce (fighting over money, property, children, or anything else), you should contact a lawyer for assistance in preparing your Application.

Step 2: If you are asking the court to order ANYTHING in addition to a divorce , you should have a qualified family lawyer review your application. A Simple Divorce Application is quite simple and does not require you to make a legal argument in most cases. If there are any contested issues, a lawyer will be able to ensure that you have properly outlined your case and set out the appropriate case law to support your position, if necessary.

Step 3: Serve your spouse and file your Divorce Application with the court. When serving your spouse, you must ensure that you choose an approved method of service as outlined in Rule 16 the Rules Of Court. Many people opt to hire a Process Server to ensure that everything is carried out correctly, but you can have someone you know (not you, it must be a third party) serve your spouse while you file your paperwork with the court yourself if you have the time.

Once you have completed these steps, there is a waiting period of 3-4 months while your Application is processed.

Remember, these are only the steps to file your application- there are additional steps to be completed before you can obtain your divorce order. Stay tuned for the continuation of this article, coming soon!

For more information on separation, divorce, and other family law matters, please visit MyOntarioDivorce.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

In Canada, most divorces are granted on a no-fault basis. This means that a judge may grant you a divorce without you having to prove that your spouse violated the marriage contract, leading to the breakdown of the marriage.

A no-fault divorce is quicker, easier, and less expensive than a fault-based divorce. This is why the majority of divorces are granted on the grounds of the spouses living separate and apart for 1 year, as opposed to the fault-based grounds of adultery or cruelty. A no-fault divorce system allows you and your spouse to apply together to have the court declare the breakdown of the marriage without having to present evidence (or worse, pay lawyers thousands of dollars to present evidence).

The no-fault system severely limits the ability of a Respondent spouse to challenge the Application. If you’re the Applicant, this is good for you because once you have satisfied the court that you have established grounds for divorce by living apart for 1 year, your spouse cannot stop you from obtaining a divorce. On the other hand, if your spouse is the Applicant and you want to reconcile, there may not be anything you can do to stop the divorce from being granted.

It is always preferable to resolve as many issues as you can with your spouse before resorting to litigation. Work with your spouse to create a comprehensive Separation Agreement that addresses custody, property, and support issues (try our FREE Separation Agreement software at MyOntarioDivorce.com), then apply to obtain a simple divorce. Take advantage of the no-fault system and save yourself a lot of time, money, and frustration.

For more information on separation, divorce, and other family law matters, please visit MyOntarioDivorce.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

Despite what you may have heard, it is possible to represent yourself in Family Court, provided you are well-equipped to do so. This means being organized, doing your research, and being armed with all the information you can get your hands on before going to court. Here are some helpful tips for self-represented litigants in the Family Law Courts:

1. Your spouse’s lawyer cannot give you legal advice. In some cases, your spouse’s lawyer may advise you about procedural steps to be taken, but be wary of any advice you receive directly or indirectly relating to the substantive issues of your case. Remember that your spouse’s lawyer is acting in your spouse’s best interest, and not yours.
2. Communicate with your spouse’s lawyer in writing. You may wish to send a letter to your spouse’s lawyer stating that you will only communicate via written letter or email. This is the best way to avoid the miscommunications that can occur with verbal negotiations. Be sure to keep copies of all communications for your files.
3. Be professional and respectful. Maintaining a civil relationship with your spouse’s lawyer will help the process move more smoothly and quickly. Furthermore, your spouse’s lawyer is required by the Law Society’s Professional Rules of Conduct to treat you with respect. If you feel you are being treated unfairly or taken advantage of by your spouse’s lawyer, you may wish to consider contacting the Law Society to seek further guidance or file a complaint.
4. Be organized. Find out how and when your documents must be filed. Confirm any tips you receive from your spouse’s lawyer about filing deadlines.
5. Be aware of cost implications. If your spouse is successful in court, you may be ordered to pay a portion of your spouse’s legal costs. This can be quite significant depending on the complexity of your case. In some cases, self-represented litigants have been ordered to pay costs to represented litigants where his/her conduct has caused unnecessary delays, regardless of success.

For more information on divorce and other family law matters, please visit MyOntarioDivorce.com or BermanBarristers.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

In Canada, most divorces are granted on a no-fault basis. This means that a judge may grant you a divorce without you having to prove that your spouse violated the marriage contract, leading to the breakdown of the marriage.

A no-fault divorce is quicker, easier, and less expensive than a fault-based divorce. This is why the majority of divorces are granted on the grounds of the spouses living separate and apart for one year, as opposed to the fault-based grounds of adultery or cruelty. Especially in non-contested divorces or joint applications, a no-fault divorce allows the parties to apply together to have the court declare the breakdown of the marriage without having to present evidence (or worse, pay lawyers to present evidence).

The no-fault system severely limits the ability of a respondent spouse to challenge the application. If you’re the applicant, this is good for you, as once you have satisfied the court that you have established grounds for divorce by living apart for one year, your spouse cannot stop you from obtaining a divorce. On the other hand, if your spouse is the applicant and you want to work things out, there may not be anything you can do to stop the divorce from being granted.

It is always preferable to resolve as many issues as you can with your spouse before resorting to litigation. Work with your spouse to create a mutually-agreeable solution and apply together to obtain a simple or uncontested divorce. Take advantage of the no-fault system and save yourself a lot of time, money, and frustration.

For more information on divorce and other family law matters, please visit MyOntarioDivorce.com or BermanBarristers.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Law Lawyer

If you need to respond to an Application for divorce, this is done in a document known as an “Answer.” This document is filed with the court that issues the divorce papers and a copy is sent to your spouse.

It’s likely you also need to submit a Financial Statement at this time. The amount of information required for this can be time-consuming to put together, so don’t procrastinate! You only have 30 days to file an Answer (if you were served with divorce papers). If you fail to respond to the Application, or are late in responding, you’re stating that you have no objection to what your spouse is claiming.

Helping you help yourself,

Mediation can be a great way to help self-represented divorcing couples. During the mediation process, they work together to develop mutually agreed upon resolutions during the mediation process.

Mediation Fact #1: Unlike a judge or court appointed arbitrator, a mediator has absolutely no legal power to make decisions for spouses who are getting divorced. The mediator is merely there to help negotiate the terms of the divorce and to serve as an unbiased third party while sharing their legal expertise and suggestions for a fair end to the marriage.

Mediation Fact #2: Generally speaking, mediation takes less time than litigating a divorce in court. Since all of the important issues will have already been discussed and the paperwork and required documents will be in place, it only makes sernse that mediation will speed up the process. Mediation can be a great way to help divorcing couples divorce themselves.

Helping you help yourself,

Served with divorce papers? You have 30 days to serve and file an Answer (if you were served in Canada or 60 days if you were served outside of Canada or the United States). An Answer generally responds to each allegation made in the divorce application by denying or admitting it, or admitting in part and denying in part.

Anyone’s clock run out?

Helping you help yourself,