Oakville Divorce Lawyers

Welcome to Alves Law

Divorce Lawyer – Oakville, Ontario

A divorce can be a complicated process that’s hard to face alone. If you’re in search of an experienced and dependable Oakville divorce lawyer to navigate you through this challenging phase, reach out to Alves Law.

Legal Service For Divorce in Oakville

The process of divorce is often a difficult period for both individuals involved, given the myriad of potential issues that can surface. It’s entirely normal to have questions about Ontario’s divorce laws and to have feelings of uncertainty during this time. That’s why having an experienced Oakville divorce lawyer in your corner to guide you can be so helpful.

Types of Divorce

 

When contemplating divorce, it’s important to seek advice from an experienced Oakville divorce lawyer to understand the implications it can have on you, your children, and your finances.

To help you understand how divorces work in Ontario, we’ve compiled basic information below.

Divorces here are commonly classified into two primary categories: ‘Contested’ and ‘Uncontested’.

Contested Divorce

In the case of a contested divorce, spouses find themselves at odds, unable to agree on various divorce-related aspects. These matters can range from child support and property division to child visitation schedules, and more. When divorce becomes contested, couples often rely on their divorce lawyers to present their cases before a judge in a courtroom. The final legal decision is then made by the judge, taking into account the information presented.

Uncontested Divorce

In an uncontested divorce, matters are generally straightforward and less complex for all parties involved. In this situation, both parties have come to a complete agreement on the division of assets, child or spousal support, and the establishment of a child visitation schedule. This cooperative approach often results in a less stressful and more amicable separation process.

The Three Grounds for Divorce

The three different grounds for divorce we see are the following:

One-Year Separation

Before a divorce is typically granted by the courts, the most common prerequisite is that the married couple must have undergone a full year of separation, with no possibility of reconciliation. In some cases, the spouses may continue residing together under the same roof during the separation year, often due to financial or other constraints.

Throughout this separation period, it’s essential that both parties are fully dedicated to leading separate physical, financial, and emotional lives. This commitment is vital in confirming the authenticity of the separation and the irreparable breakdown of the marriage.

Adultery

Cases like this one are relatively rare due to the difficulty of proving the adultery. The person who committed it rarely admits it in a way that can be used as evidence, and the other person faces an uphill battle proving it.

It is extremely important to note that Canada is a “no fault” jurisdiction for divorce, so a finding of adultery does not change a person’s rights to support, kids, or property. All it does is abbreviate the 1 year that people would otherwise have to wait to prove irreconcilability and therefore entitlement to the divorce.

Cruelty

If a person wishes to use cruelty, the third and final ground for divorce, to obtain a divorce, the person making that claim has to prove it. Most cases of cruelty are not proven before 1 year of separation and, therefore, most cases proceed on the 1 year of separation. This process may begin to change with the inclusion of family violence in the Divorce Act.

Similar to adultery, because Canada is a “no fault” jurisdiction for divorce, whether cruelty is proven, or not, only serves to accelerate the time period during which a person can seek a divorce. If you are considering divorce on these grounds, seeking the guidance of an experienced family lawyer can help you build a compelling case.

Oakville Family Lawyers You Can Trust

As a trusted family law firm, we recognize the inherent challenges of divorce and separation agreements. For this kind of family law matter, it’s important to have dependable legal assistance from Oakville divorce lawyers to help you make well-informed decisions.

Every case is unique, and we are prepared to provide tailored solutions.

With Alves Law, you can be sure your lawyer is committed to pursuing outcomes that serve your best interests. Your rights are of utmost importance to us, and we are dedicated to safeguarding them throughout the process.

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What Our Clients Are Saying

"...professional, knowledgeable and personable..."

Emma represented my son, and we are very happy we chose her. She took her time to make sure we were informed of all factors surrounding the case as well as stay in contact through the process to have the best possible outcome. Very professional, knowledgeable and personable, she will be top in my list for any future legal needs.

- L. S.

"...patient, smart, strategic, professional, and effective..."

Not all lawyers are sharks, some are eagles.

Emma Alves is an eagle; strong, patient, smart, strategic, professional, and effective.

- J.S.

"...truly been a pleasure..."

Emma's advice, poise, and direction have always been highly valued. I can’t explain how much I have appreciated Emma and what she does. It’s truly been a pleasure to have worked with Emma and more importantly represented by her. I really felt the partnership and that means more to me than you’ll know.

- M. R.

"...made a tough situation easy to handle..."

Thank you so much for everything! I really appreciate all your support! You made a tough situation easy to handle. Thank you for everything!

- R. L.