Divorce Lawyer - Hamilton, Ontario
If you are looking for a knowledgeable and trustworthy Hamilton divorce lawyer who can help guide you through this trying period, contact Emma Alves today. Going through a divorce is a complex process that can be difficult to face on your own. Having a lawyer who truly understands can help alleviate your stress during this time.
Legal Representation For Divorce in Hamilton
Divorce is an immensely stressful period for both parties. With all the potential issues involved, it's normal to experience some uncertainty and have questions related to Canada's divorce laws. It is therefore highly advisable to have an experienced Hamilton divorce Lawyer by your side.
Types of Divorce
If you're contemplating a divorce or a separation agreement and are grappling with the complexities of its potential legal ramifications on yourself, your children, and your finances, consider consulting one of our Hamilton divorce lawyers.
Below, you will find some basic information to help you understand how divorces work in Ontario. Divorces can be divided into two categories: 'Contested' and 'Uncontested'.
Contested Divorce
A contested divorce happens when the spouses can't agree on all the aspects related to the divorce. This can involve issues like child support guidelines, property division, and child custody and visitation schedules, and more. In situations where the divorce is contested, the couple often relies on their family lawyers to present their arguments to a judge in a courtroom. The judge then makes a legal decision based on the information presented.
Uncontested Divorce
An uncontested divorce is usually quite straightforward and uncomplicated for everyone involved. In this scenario, the parties have reached a full agreement on how to divide their assets, handle child or spousal support, and establish a child visitation schedule, which generally makes for a less stressful and amicable separation process.
The Three Grounds for Divorce
The three different grounds for divorce we see are the following:
One-Year Separation
This is the most common step needed before a divorce is granted by the courts. A married couple must have lived apart for an entire year with no possibility of reconciliation. In certain situations, the spouses might continue living together under the same roof during the year of separation due to financial or other reasons, but this just means that additional factors will need to be taken into account.
During this separation period, it's vital that both parties are committed to living separate lives, not just physically but also emotionally and financially. This helps establish the genuine nature of the separation and the irretrievable breakdown of the marriage, which are crucial considerations in the divorce process.
Adultery
This situation is less frequent since it can be challenging to provide evidence in court. There's a common misconception that if a spouse is engaged in an emotional affair outside of the marriage, the courts might not consider it as adultery. In reality, the courts are more concerned with whether a sexual act has occurred between a spouse and an individual who is not part of the marriage.
It's important to note that laws regarding adultery can vary between jurisdictions, so consulting a family lawyer who is familiar with the specific laws in your area can provide clarity on how this might affect divorce proceedings.
Cruelty
The third and final basis for divorce is physical or mental cruelty, which can be assessed from various angles. The judge might inquire about a history of physical abuse, which could involve police reports, photographs, or witnesses to such instances. The cruelty may also manifest as verbal abuse, encompassing derogatory language, name-calling between spouses, and more.
It's crucial to understand that cases involving physical or mental cruelty can be complex to navigate. Providing concrete evidence, such as documentation of incidents or testimonies from credible witnesses, can significantly impact the outcome of divorce proceedings. An experienced divorce lawyer can guide you through the legal processes and help you build a strong case if you're considering pursuing divorce on these grounds.
The Hamilton Divorce Lawyer You Can Trust
At Alves Law, we understand the difficulties that come with divorce and separation agreements. During this tumultuous period, it's essential to have reliable legal guidance from a skilled divorce lawyer to make informed choices.
Every divorce case is different and we understand that each case requires different solutions.
Combining experience and expertise in family law with a commitment to achieving outcomes that align with your best interests, you can trust that your Hamilton divorce lawyer from Alves Law is dedicated to safeguarding your rights.