Reasons for filing a lawsuit
A lawsuit for divorce is filed on the grounds of a serious and permanent disruption of the marital relationship or the impossibility of achieving a community of life. A lawsuit for divorce can also be filed by the spouse who caused the reason himself. In the case of a serious and permanent disruption of marital relations, the consequences for the marriage are important, although the reason may be some small reason (e.g. disagreement with the spouse’s relatives). Find the best divorce lawyer Toronto.
Conciliation and settlement
When a divorce is initiated by a lawsuit, a conciliation procedure is usually conducted. Conciliation will not be conducted in case one spouse does not want conciliation, if he / she is incapable of reasoning, if he / she does not know his / her residence or is abroad. Along with the summons to the conciliation hearing, a lawsuit for annulment or divorce is submitted. The judge presiding over the mediation may not participate in the decision-making at a later stage of the proceedings, unless the mediation has succeeded.
Conciliation can be conducted by a single judge or the conciliation is entrusted to a guardianship authority or a marital family counseling center and is conducted without the presence of a lawyer. In case of successful conciliation, the divorce lawsuit is considered withdrawn, and in case of failure, a settlement procedure is conducted. The court or institution entrusted with the mediation procedure is obliged to conduct conciliation within two months from the day of submitting the lawsuit to the court or institution. If the institution entrusted with the mediation procedure does not inform the court about the results of the conciliation within three months from the day when the divorce lawsuit was submitted to it, the conciliation procedure will be conducted by the court.
The price of divorce
People who are in the phase of divorce often wonder how much the lawyer’s costs will be. Lawyers are obliged to respect the lawyer’s tariff and the costs for divorce according to the lawyer’s tariff. Tariff prescribes that the costs incurred by a lawyer when compiling submissions amount to $750 to $850 plus HST. When the appeal against the verdict is written, the lawyers are entitled to a certain sum according to the lawyer’s tariff. In practice, it is possible for lawyers to charge clients for services in the amount of 50% of the tariff, which often happens in divorce proceedings.
In addition to attorney’s fees, there are court costs in divorce proceedings.
Judgments that divorce are usually determined that each party bears its own costs, and according to the principle of fairness, because it is assumed that neither party committed the divorce.
Consequences of divorce
Divorce produces many serious consequences, the most important of which are: termination of the obligation to support, except in the case of special conditions between former spouses, possible change of surname, division of joint property that requires special court proceedings, which are often expensive and time-consuming. a parent to whom the child is entrusted on the property of the other parent’s apartment.