Divorce filing

An agreement can be reached in several ways. A more traditional but somewhat costly and time-consuming way is where each party hires a divorce lawyer and then argues their case. The more cost-effective and increasingly faster way, often resulting in better outcomes, is known as Alternative Dispute Resolution (ADR). This methodology includes mediation and arbitration. Fairway Divorce Solutions services falls under the Alternative Dispute Resolution definition and uses a proprietary model known as Independently Negotiated Resolution™ (INR) to bring resolution and agreement on all issues. Once you have agreed on all the terms and it has been drafted into a binding separation agreement the next step is to file for divorce. Since you have used an alternative dispute resolution company to mediate your decisions, moving to the next step and filing for divorce is.

What is a Separation Agreement?

A separation agreement is a legally binding agreement signed between the two spouses which contains all the decisions that were made. The contract sets out each party’s issues and rights with regards to child and spousal support, custody, and access, property and debts.

What does it mean to file for Divorce? 

Once you have entered into a separation agreement that captures all the terms of your settlement then you can file for divorce (assuming you meet the time requirement). The divorce judgement terms will reflect the same terms in your agreement. In Canada, divorces are dealt with at the Provincial level but will be registered nationally. The Federal Divorce Act governs divorce in Canada. Each Province does have its own requirements to ensure you are eligible to file in that Province. Once the court approves your divorce, which is often just ensuring you have filled the paperwork out properly and if you have children, that you provided for them, you will receive by mail, your Divorce Decree certificate which states that you are officially divorced.

Uncontested Divorce

After the Separation Agreement has been signed or if the issues are straightforward, not requiring an agreement, and both parties agree that they want a divorce, then it is regarded as uncontested (Desk Divorce). In this case, the parties file together. The provincial governments set out the rules for the Family Court processes. This joint divorce is much less expensive and time-consuming than a contested divorce and can either be done by way of “Do-it-yourself kits” or by hiring a paralegal or one lawyer to do the filing. In order to qualify for an uncontested divorce, there must be no outstanding unresolved issues with regards to the children. These divorces need only one application and therefore can use the same lawyer, paralegal or another service to file.

Fairway offers Quick and Easy Uncontested Divorce Services for a low cost. While Do-it-yourself kits sound intriguing, most people are overwhelmed with how long it takes to fill things out and the number of times the courts send it back with mistakes. At Fairway, we strive to deliver exceptional service at less the cost and time than our competitors.

Contested Divorce

A contested divorce is where one party is in disagreement, and litigation may arise. A contested divorce requires additional fees and serving costs. Often divorces will not be granted until you resolve all issues, but this is not always the case. Most contested divorces are with lawyers and are highly conflicted. In a contested divorce, both parties file a separate divorce application.

If you have resolved your problems, have no issues, or have a signed separation agreement, you can apply for your divorce under the no-fault rules that simply require you to be living separate and apart for one year.

Contrasting the no-fault divorce with the fault divorce, fault divorce can be filed under the grounds of adultery or cruelty. In these situations, you may be granted a divorce earlier than one year, but the cost both emotionally and financially may not justify getting a divorce a few months sooner than if you wait one year. Plus, the outcome of your issues is not dependent on whether it is fault or no-fault; therefore, we see very few divorces filed this way anymore.

At Fairway, we offer this service as part of our overall approach to having a one-stop shop. So even if you did not use us for mediating your issues and drafting your separation agreement, we are here to help you file for divorce most efficiently and cost-effectively.

Alternative Dispute Resolution (ADR) refers to means of settling conflicts outside of litigation with the help of a third party. Some common forms of ADR include mediation and arbitration. In cases of divorce, families must attempt alternative dispute resolution services before going to court, and legal advisers have a duty to inform clients of this unless it is inappropriate. Fairway Divorce Solutions’ services fall under the Alternative Dispute Resolution definition and use a proprietary model called Independently Negotiated Resolution™ (INR) to bring resolution and agreement on all issues in a cost- and time-effective manner.

Once you have entered into a separation agreement that captures all the terms of your settlement, you can file for divorce (assuming you meet the time requirement). The divorce judgment terms will reflect the same terms in your agreement unless spousal support, child support, or parenting have been updated since signing.