Different Divorce Procedures: Benefits and Drawbacks
Introduction
Divorce can be a complex, emotionally charged, and challenging process. Navigating through the legal intricacies can be overwhelming, especially when combined with the emotional toll of a relationship's dissolution. However, understanding the different types of divorce procedures can help make the process more manageable, and possibly even less stressful. The three most common types of divorce procedures are the simple or uncontested divorce, joint divorce, and divorce with corollary issues. In this extensive blog post, we'll discuss each of these in detail, outlining their benefits, drawbacks, and the situations in which they might be most appropriate.
Simple/Uncontested Divorce
A simple or uncontested divorce is initiated by one spouse. This process involves the applicant claiming a divorce only. This means that the applicant is not seeking any other relief such as spousal support, child custody, or division of property. This type of divorce is recommended when there are no other issues to be settled, such as support and property equalization.
The primary benefit of a simple divorce is that it is cost-effective and expeditious. Since there are no complicated matters to be resolved, the process can be completed quickly, which often means reduced legal fees. However, it's important to note that a simple divorce may not be suitable in all situations. Specifically, if either spouse wishes to pursue their right to support or equalization, a different type of divorce procedure may be more appropriate.
Joint Divorce
In a joint divorce, both spouses sign and file an application together. This type of divorce represents a collaborative approach where both spouses agree to the divorce and the terms that come along with it. Unlike a simple divorce, there's no need for one spouse to serve the application to the other, which can shorten the time between the application and the divorce order.
Additionally, in a joint divorce, spouses can agree upon and claim both support and equalization of property. This is a significant advantage over a simple divorce, as it enables couples to resolve these important matters in a cooperative manner. While a joint divorce is cost-effective, it requires a level of amicability and agreement on all issues between the spouses. If there are unresolved disputes or contention, a joint divorce may not be the best option.
Divorce with Corollary Issues
When spouses are unable to agree upon support amounts and how to equalize their property, a divorce with corollary issues is initiated. This type of divorce allows for the resolution of these issues within the divorce proceedings. Once the application is filed, the divorce proceedings are under the court jurisdiction. This means that either spouse can access the courts to help settle their disagreements.
Despite offering a way to resolve disputes, a divorce with corollary issues can come with its own challenges. The main disadvantage is that it has the potential to be both costly and time-consuming. Because the court is involved, the process can take considerably longer and may require the services of attorneys, which can increase costs.
Electronic Filing of Divorce
In certain situations, divorce applications can be filed online. This is an option for a simple divorce, where one party applies for a divorce only and there are no other corollary claims; or a joint divorce, where all relief sought is with the agreement of both parties. This includes where orders are sought for parenting, spousal support or property, provided both parties consent to the order. The requirements for electronic filing are set out in subrule 6 of the Family Law Rules, O. Reg. 114/99. However, be aware that electronic filing may not be available in all municipalities, where the parties require a fee waiver or where the parties were married outside of Canada and the marriage certificate is not in electronic format.
Conclusion
Understanding the different types of divorce procedures can help individuals navigate this challenging process more effectively. Simple or uncontested divorces are efficient but may not be suitable when there are other issues to settle. Joint divorces offer a collaborative approach but require agreement and cooperation. Divorces with corollary issues provide a way to resolve disputes through the court system but can be expensive and time-consuming. Always consult with a legal professional to determine the best course of action for your specific circumstances. In the end, the right choice depends on your unique situation and needs.
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