Once you’ve filed your Answer, your first court appearance will be at a “Case Conference.” Although held at court and presided over by a Judge, the Case Conference isn’t an adversarial proceeding. The Judge will not make an Order unless both parties agree or unless the Order is procedural.

If the Case Conference doesn’t settle matters and there’s a need for immediate relief, such as immediate child custody, child support, spousal support, or a decision on who will remain in the matrimonial home, a “Motion” will be scheduled. At the Motion, a Judge will decide the issues, based on your and your spouse’s “Affidavits” (sworn testimony in writing) and your arguments.

During each step of a divorce there are many questions to be answered, not to mention complex court papers to be filed and documents to be compiled. Few people are prepared for or experienced in the intricacies of divorce but by using MyOntarioDivorce.com, we help you help yourself navigate the Ontario Family Courts without a lawyer.

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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.

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I’m hosting a FREE webinar this Thursday, May 27th @ 7PM EST.

During “How To Get Divorced Without Hiring A Lawyer,” you’ll discover:

• The easiest way to negotiate a Separation Agreement with your ex;
• How to identify all the issues you need to know about before you sit down to negotiate;
• How to represent yourself in court if negotiations fail;
• And so much more!

To register for the Webinar, click here.

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Myth: If both spouses are employed outside of the home, the courts won’t order spousal support.

Truth: It’s true that courts are more likely to order spousal support in cases where one spouse didn’t work outside of the home. But spousal support is also regularly awarded even when both spouses maintained economic independence. Some factors that a court is likely to consider include: how great the difference is between the income of the spouses; how long the relationship lasted; and the best way to make sure that both spouses become financially independent in the shortest period of time.

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Last week the Ontario government announced changes to the divorce process “to make it faster, less expensive, and less combative,” according to the Canadian Press. I’m always skeptical when the government tries to “improve” anything.

They’re promising more access to legal advice and options such as mediation, arbitration, and collaborative law. They’re also promising to free up court time for cases that must be argued, and less paperwork and fewer steps so that people can get to a judge and a decision sooner. And, all of this will be achieved without any new funds. They’re going to take money from the legal aid system to pay for it. They call that “re-distribution of current resources.”

This is all very laudable and overdue. However, forgive me for being just a tiny bit skeptical. In my 30 years of practive, every time the government has intervened to “simplify” the Family Court system, it has resulted in additional administrative process and expense for the consumer. Let’s hope that what the government delivers is truly cheaper and faster access to justice and not yet another layer of process and cost at the expense of an already woefully under-funded Legal Aid service.

In the meantime, if what you really want is a faster and cheaper divorce, check out our Divorce Advantage System at MyOntarioDivorce.com. It already does everything the government is only promising.

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For those of you with children, here are some truths you should consider as you begin thinking about what kind of custody arrangements you want.

Truth: Your children’s needs will change as they mature, while the custody arrangements will probably remain fixed- it’s very expensive to return to court and revise the plan- so be careful what you agree to.

Truth: If you and the other parent are reasonable, honest, and mature, you can and should accommodate each other’s needs as much as possible and within reason. For example, if the other parent is going out of town for business and would like to switch weekends to avoid a long gap away from the kids, you should try to accommodate the switch (as long as it doesn’t interfere with important plans you or your children may have, and as long as you are assured that the switch is actually two-way and not just you giving up your time).

Truth: Most custody arrangements are decided by the parents or as a result of mediation, not in formal court hearings. Make sure that if you go this route, it’s because you honestly believe that the plan you and your ex have agreed to is workable, not because you’ve been manipulated into signing.

Share your truths.

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I just read in The Law Times News that the number of people divorcing without a lawyer is rising…

Oh, I forgot to mention that this apparently is a problem- for lawyers of course! Truth is, only a lawyer would write an article touting him or herself as being at a disadvantage when going up against a self-represented litigant in court; only a lawyer would label self-represented litigants as “bullies;” and only a lawyer would carry on for 1,300 words about how “unfair” all of this is (cue the violin!).

Yes, most self-representing litigants may not know the law inside and out. Yes, most self-representing litigants have no idea how to conduct a trial or motion. Yes, a number of self-representing litigants may not even know how to start a Divorce Application (or that there’s more than one kind!). Yes, yes, yes. But that doesn’t mean you can’t educate yourself, or that you shouldn’t have access to the information you need to do so.

The fact is, if you’re going to represent yourself in a divorce proceeding then you have a responsibility to educate yourself. So, why not start now by becoming a member of MyOntarioDivorce.com?

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While representing yourself in court instead of hiring a high-priced lawyer like myself can definitely reduce the financial costs of obtaining a divorce, removing a lawyer from the picture doesn’t necessarily mean that your divorce will be without financial costs or beyond your obligations for support. If he or she wants to, your spouse can drag your divorce proceedings out for years.

The only way to minimize the cost of your divorce is by making every effort you can to resolve the issues arising from the breakdown of your marriage together, without a lawyer’s assistance.

If there are children involved then you and your spouse need to agree on all aspects of childcare and custody arrangements. This means that you have to decide not only who the kids will live with but also agree on a visitation schedule for the parent they don’t live with, as well as when the visits will take place and for what amount of time.

Furthermore, property needs to be divided fairly so that both parties are satisfied with the division. If you own a house, you must decide who will continue living in the house and ultimately who will keep the house. If you can’t come to an agreement on the house then you must determine whether you should sell it and divide the net proceeds of sale. The division of funds doesn’t have to be a 50-50 split just as long as you can agree on an equitable way of sharing it. You also have to agree on the division of all other property which can come down to small things such as who gets the big screen TV or the microwave. A useful way of deciding is to take an inventory of your home, creating a list, deciding who gets what, and doing so until you’re both happy with the division.

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Stress, anxiety, expense- these are only a few of the seemingly unavoidable consequences of getting divorced. Lawyers are partly to blame because, sadly, some of them don’t have your best interest at heart. Instead, their main concern is making money off of your marriage’s end. A Do-It-Yourself (”DIY”) Divorce may be your answer for minimizing the financial expense of getting a divorce, and hopefully some of the stress and anxiety as well.

A DIY Divorce is perfect for spouses who actually get along and are able to resolve some, if not all, of the issues arising from the breakdown of their marriage.

If you and your spouse can resolve basic issues, then you have the first tool you need for a DIY divorce. The second tool is MyOntarioDivorce.com’s online divorce document service which assists you in preparing the court forms you need, with a guarantee that they’ll be accepted by the court. So what are you waiting for? Sign up for a Premium Membership at MyOntarioDivorce.com today!

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