Divorce in a lawsuit is a procedure where you can get a divorce despite the desire of your spouse to save the marriage. This procedure will allow you to get your freedom back if you cannot reach an agreement about parental rights, joint property and child support. www.michellejohal.ca will give you some professional advice when it comes to divorce.
Unlike in the past, when it was necessary to prove “guilt” on the other hand, today it is enough that the court only sees your desire to get divorced and it is enough to only explain why.
How to file a lawsuit?
The lawsuit can be filed at the counter of the court (in the registry office) in the city of the defendant, or in your last common residence. The submission, and the whole process, can be entrusted to an attorney (lawyer), who on this occasion will have a special authorization for representation in divorce proceedings.
It is necessary that the lawsuit specifies the reasons for which you want to get a divorce.
Along with the statement of claim you will need to bring copies of birth certificates for you and any children you have together, the evidence of ownership of the property that you own, as well as on your spouse’s income and (if you have such information).
Upon receipt of the complaint the judge will invite both of you in court. If you have any children together, the first hearing must be held within 15 days of the filing of the complaint.
The court will first decide whether the question of the division of common property will be set aside in special court proceedings. The judge mayalso issue a decision on the parental rights and the dissolution of marriage regardless of whether there are resolved property issues or not.
The Court can look back at what the spouses owns and investigate if they are hiding something. This ability of the court to enter into all the details of family life, is particularly important due to its obligation to find a solution that will be best for the child.
Specifically, for divorce after the lawsuit is the obligation of the court to try to reconcile the parties or, to help them peacefully agree about children and property. The success of “conciliation” causes automatic suspension of the proceedings until the successful completion of the settlement process and finalization of divorce. If the parties cannot agree, the court will make the final decision.
The judgment of divorce
When having established facts, the court makes a judgment of divorce and regulates mutual relations of the now former spouses. Some things in the law are quite clearly defined – for example, a child always has the right to support. The court may order interim measures to prevent domestic violence against one or both spouses, if they find that there is domestic violence. In this situation, it is important to protect the child and the woman.