Saskatoon Divorce Lawyers Giving Clients the Legal Support They Need to End Their Marriage
If you are planning to divorce your spouse soon, you will need some guidance through the process. Even if your goal is to avoid going to court for litigation during your divorce proceedings, you can still benefit from having a legal professional by your side from start to finish. At Panko Collaborative Law & Mediation, our legal team strives to make the divorce process go as smoothly as possible for clients who want to leave behind an unhealthy marriage and get a fresh start.
Whether you’re looking into mediation or collaborative divorce, we can assist you. Our divorce lawyers in Saskatoon know how difficult divorce can be, especially when you share children with your spouse. We invite you to schedule an initial consultation at our law firm to learn what our skilled lawyers can do for you during your divorce case.
What Should You Know About the Divorce Process in Saskatoon?
Starting the divorce process can be intimidating since you likely don’t know all the laws surrounding this legal action in Canada. This is why you should hire experienced divorce lawyers who can walk through every step of the process with you. When you come to our law office in Saskatoon, you can expect fast answers to all your questions to ensure you have peace of mind. But in the meantime, you should become familiar with some basic facts about divorce in Canada.
Where Should You File?
First, you need to submit all divorce paperwork to the court that’s located within the territory or province where you or your spouse live. This is because the documents for divorce in Saskatchewan may be different from those in Alberta, Quebec, or other areas. If neither of you lives in Canada currently, you won’t be granted a divorce in this country. In fact, at least one of you has to have lived in Canada for the past year or longer to get a divorce here. If this is the case for you, you can submit your divorce petition and original marriage certificate to the court in the county where you or your spouse live.
What Happens If You Need an Annulment?
If you’re seeking an annulment, this differs from a divorce in that it suggests that your marriage was invalid or did not exist at all. As such, it’s usually quicker and less expensive to annul a marriage than to divorce your spouse. However, you will need to prove certain facts that show your marriage is not valid. For example, you will need proof that you or your spouse were coerced into the marriage, too young to agree to the marriage, or already married to someone else when you married each other. Your Saskatchewan family lawyer can help you prove one or more of these facts if they apply so you can get an annulment.
How Long Does Divorce Take?
You can apply for a divorce at any time, but it will only be granted once you have been separated for at least one year. So, if you just recently separated, it may take almost a year to complete the divorce. But if you have been separated for over a year already, the divorce could take as little as three months to complete, especially if it’s an uncontested divorce. Additionally, if you’re seeking an LGBTQ divorce and are curious about how long that will take, you may be glad to know that the divorce process in Canada is the same as it is for opposite-sex spouses. As such, divorce in Saskatoon could take anywhere from a few months to over a year.
Whether your case is simple or complex, we’d be happy to help you, as we have handled a variety of divorce cases for clients who wished to avoid court. If you’re facing a contested divorce or have any special circumstances that could complicate your case, you should turn to our skilled divorce lawyers in Saskatoon to ensure that you meet all requirements for a divorce in Canada.
What Are the Legal Grounds for Divorce in Canada?
Canada has no-fault divorce, which means you don’t need to prove that your spouse did anything wrong in particular before you get divorced. You can simply state that your marriage has broken down and you want to get divorced on the grounds of separation. This is the easiest way to file for divorce in Canada because the only thing you have to prove is that you have been separated from your spouse for at least one year.
Even then, there are exceptions to this, as you can seek a divorce even if you still live with your former spouse. For example, if you have separate rooms and essentially live like roommates, not as a couple in a relationship, you’re considered separated. As long as you can agree on the date you separated from each other, and it’s clear that you both have been living like single people for a year or more, the court will typically not challenge your claim. This is why divorcing on the grounds of separation is the preferred way to initiate divorce in Saskatoon.
However, you have two other grounds for divorce to consider if you don’t want to wait a year. One is adultery, meaning you tell the court that you want a divorce because your spouse cheated on you. The only benefit of this option is the possibility of getting your divorce done faster since you don’t have to be separated for a year or more to go this route. The downside is that you have to either convince your spouse to admit to adultery – which is unusual – or find a way to prove that it happened. This can take a lot of time and money trying to find proof, so you have to decide if it’s worth it to you. Another downside to this choice is that you can’t forgive your spouse for the adultery if you want to use it as a basis for divorce. So, if your spouse can prove that you ever forgave them, the court likely won’t grant you a divorce on the grounds of adultery.
A third basis for divorce is cruelty. If you can prove your spouse has been physically or mentally cruel during your marriage, you may be able to get divorced sooner than one year after separation. However, like adultery, this can be hard to prove, resulting in extra time and costs. You have to prove that living with your spouse would be intolerable due to extreme domestic abuse, and this usually requires proof of severe injuries, such as police reports and hospital stays. This type of divorce will involve the court system, so we rarely recommend it if you are hoping to avoid conflict with your spouse.
At Panko Collaborative Law & Mediation, we have helped numerous clients through the emotionally difficult process of divorce without ending up in court. If you want to keep your divorce case as civil as possible, come talk to a Saskatoon divorce and family lawyer who is skilled with mediation and collaborative law so you and your spouse can come to an agreement without going to court. Contact us today to schedule your initial consultation.
What Legal Issues Will You Need to Address During Your Divorce?
When you’re married, you share so much of your life with your spouse, from creating joint financial accounts and buying marital property to raising children together. The more you have shared over the years, the longer it can take to separate everything during a divorce. Even if you have a relatively simple mutual consent divorce that you both agreed to, you will likely need to take some time to work out family law matters with the help of a divorce lawyer.
The issues you need to spend time mediating can vary depending on your circumstances, but for many couples, they include:
- Division of property
- Parenting arrangements an
- Child support
- Spousal support
- Prenuptial and postnuptial agreements
If you need to discuss these or any other issues, it’s important to reach out to an experienced divorce lawyer who has handled cases like yours. This is especially important if you think you will have any complications, such as if this is a high-asset divorce or if you are an immigrant concerned about your legal rights after you end your marriage.
At our Saskatoon law firm, our caring, skilled lawyers are proud to offer a divorce service that focuses on helping spouses negotiate to get what they need rather than going straight to the courtroom to argue. If this method of reaching a resolution during divorce interests you, come to our office today to meet with considerate divorce lawyers in Saskatoon.
How Can Divorce Lawyers in Saskatoon Help You?
Divorce is rarely a simple process, as one or both people involved will likely contest a few details along the way. Whether your spouse disagrees with the proposed division of property or plans to pursue sole decision-making of the children, you are going to need a divorce lawyer to ensure that your interests are represented during the legal process. While compromise is key in a divorce outside of the courtroom, this doesn’t mean your spouse should get their way on every issue. You deserve to have someone on your side to make sure negotiations are fair.
When you come to our Saskatoon law firm, you can choose which divorce service we offer, such as collaborative law or mediation. If you are not sure, we will listen to your objectives regarding the divorce and then let you know which technique we recommend for you. Either way, it is always our goal to help you avoid court during divorce, so you can trust that our legal recommendations are focused on ensuring your divorce goes as smoothly and peacefully as possible. Whether you need an experienced family mediator to assist with arranging for child support or modification, or you need someone to represent you in collaborative law, our divorce lawyers in Saskatoon are here to provide guidance from start to finish.
You can learn more about how our services will benefit you when you attend an initial consultation at our law offices. Call us at 306-518-8107 to schedule a meeting on a day that’s convenient for your schedule. Our compassionate family law lawyers are eager to begin working on your case so you can put your divorce behind you and get started on the next chapter of your life, so contact us today.