Are you planning to get a divorce, but both of you don’t want to face the hassles that come for free with a divorce?
In fact, the term itself is a horrifying thing for all couples. And if that wasn’t enough, come the various complications and formalities that you need to handle for the final closure of the thing.
So, next up, “Can you get a divorce without a lawyer in Canada?”
Well, you definitely can get a divorce if both of you mutually agree on all things and wants to end things on a sweet note. This type of divorce is usually known as an uncontested divorce or DIY (Do It Yourself) Divorce. Here, we will discuss about the DIY divorce process and top 5 tips to get a divorce without a lawyer. Let’s get started-
What is a DIY or Do-It-Yourself Divorce?
As the term goes Do It Yourself, the meaning of this DIY divorce is basically the method of getting a divorce all by yourself. Starting from preparing to filling and submitting the paperwork to the court – you do it all without taking any sort of legal help.
This kind of divorce is only possible when there is mutual understanding between the couples. And will be considered valid and legal as long as all the paperwork and filling charges are done correctly, with the full consent of both.
Compared to the other forms of divorce, this one certainly saves a lot of time ad money along with the extra hassles of running here and forth to the court.
Can You Get A Divorce Without A Lawyer?
Obviously, you can go for a divorce and get it finalized without a lawyer. But for that, you must be a good candidate for it.
So, what makes you eligible for a DIY divorce?
Check out the below listings to see whether you fall under this criteria or not:
- Both of you mutually agree on all kinds of issues, such as property and assets distribution, child custody, spousal maintenance, etc.)
- You both have no problem and are fully satisfied as you have all kinds of information regarding your family’s properties, debts, etc.
- Don’t have any divorce issues with the child support, custody or shared parenting time of your child. In other words, both of you have agreed with each clause and think the divorce settlement is fully reasonable (This criterion is mandatory if you have children)
5 Tips for Getting a Divorce Without a Lawyer
Divorce is not a simple thing. Instead, it comes with lots of complications. After all, we are talking about breaking a relationship that too a sacred and lifetime bond like marriage.
However, if couples want to end things on a happy note peacefully without having to face the stress and hassles of the court, then a DIY divorce is the one to go for!
But then again, divorce is not a small matter. That’s why, to ease the situation a bit, we have come up with some tips that you can follow for getting a divorce without a lawyer.
Let’s have a look at them:
Tip 1# Have face-to-face communication with your spouse
Having a face to face communication is the number one thing you must do with your spouse, such as discussing all the important things and clearing out any misunderstandings.
Otherwise, with all these things in mind, it is definitely tough to have a divorce peacefully too without the help of a lawyer.
Naturally, while getting separated, it is very normal for couples to be on bad terms and not agree on various kinds of clauses. But, if you want to have a happy ending, then it is more than necessary that you both listen to each other first.
And then, based on that, arrive at a mutual agreement by sorting out all the differences. One thing to keep in mind while having a session with your spouse is to have a peaceful divorce; you need to compromise on several things. Otherwise, it will be next to impossible to arrive at a mutual agreement.
Tip 2# Make a written contract
Once both of you have agreed on each other’s terms and conditions, the next thing you have to do is, without any more delay, is making a written contract – stating everything as discussed.
Right from containing the distribution of the assets to the child support, spousal maintenance and various other important things. After all, a written statement always has the upper hand and works as proof for all time than oral statements.
Oral statements can get changed at any time, especially anyone who can have a breakdown at any time and thus any change their statements completely.
For such scenarios, this written contract can work as solid proof as a representative of all the clauses decided between you both mutually. And having such a contract make sure that one cannot go back to their words in the future just if they want to.
So, before making these contracts, make sure to clear everything.
Tip 3# Do the Paperwork correctly
Once everything is settled between you both, next up comes the paperwork. This is the official start of your divorce procedure.
It is very important that you do all the things properly. Otherwise, a slight mistake of yours is enough to delay the entire procedure, which you will certainly never want.
Such as your marriage date, grounds for divorce, child (if any from this marriage), debts, property distribution, etc.
So, fill in all the information correctly with proper information and give a thorough check before submitting it.
Tip 4# Always be present during a divorce hearing
No matter what, always be present that too on time during a divorce trial. These things play a great role in having a smooth and effective divorce.
The judge always takes note of everything!
Hence, never make the mistake of being late at court or missing a scheduled trial date. If needed, talk with your spouse and sort out things in case of having any kind of tension between you two before making an appearance in court.
Tip 5# Filing divorce decree and Following all the clauses
Once the decree is signed off by the judge, your next step is filing the decree for making your divorce official from that moment.
Make sure to follow all the decrees properly as decided. Otherwise, the consequence of breaking divorce decree without any valid reason ends with punishment, for instance, not paying child support, spousal maintenance, or not dividing the assets. It can be anything from the decree.
Remember, if you violate the other person’s rights, then that person will get the full authority to take legal action against you at any moment in time.
That’s why, before agreeing upon and making the contract, make sure to take your final call with a calm head. If needed, review it once again. Otherwise, once finalized, there is no turning back as at that time, all the clauses will turn non-negotiable.
Divorce is something whose mere thought is enough to give goosebumps to couples. After all, who wants to get separated from someone with whom you planned to spend the rest of your life with.
But destiny is something on which you don’t have any hand on. Hence, if anything doesn’t work out between the two and there is no hope left, then certainly divorce is the last option.
In case you and your spouse want to get a divorce peacefully, then you must mutually agree on each term and condition. So, if you are confident enough, then only go for a divorce without the help of a lawyer. It will be both time-saving and hassle-free!