Divorce Lawyer | Veritas Avocat

When Divorce Becomes the Only Option

Moving Forward With Divorce

Filing for divorce is a major decision, involving a lot of questions, uncertainty and emotions. To navigate this step with clarity and peace of mind, it’s essential to have a trusted partner who prioritizes your interests and those of your children. In a situation such as divorce, our family law lawyers adapt to the reality of each mandate.

By choosing Veritas Lawyers to represent you, you choose a strategic, rigorous representation focused on protecting your rights. We are committed to defending your interests with determination and adapting our approach according to your situation to preserve your well-being and that of your children.

A Clear, Structured and Professional Approach

No matter how complex your situation may be, we provide representation rooted in transparency, respect and communication. Our goal is to achieve a favorable and lasting judgment.

Amicable or contested divorce
Separation of common-law partners
Divorce negotiations
Divorce by agreement
Division and management of belongings
Child custody and access rights management
Child support
Appointment of a lawyer for the child

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Undertaking the Divorce Process

Finding yourself in a separation or divorce situation is always difficult, especially when children are at the heart of the conflict. To achieve a settlement quickly, we assist and provide advice on the best strategy to adopt.

01.Initial Consultation and Document Preparation

The first step is a legal consultation, during which we analyze your family situation and establish the basis of the mandate. We seek to understand the issues at stake and present you with the various possible avenues for implementing the strategy best suited to your needs. We also gather the required information to prepare the potential opening of a file.

Depending on the complexity of the case and your position, we could begin amicable divorce proceedings or a contested divorce. In an amicable divorce, the spouses agree on the principal aspects of the divorce and wish to achieve a settlement without lengthy legal proceedings and Court battles. On the other hand, a contested divorce occurs when disagreement persists, particularly over child custody, division of family patrimony or child support.

02.Opening of a Case, Filing for Divorce or Responding to a Divorce Application

Following the initial consultation, we proceed to the preparation of a divorce application, or to the preparation of your response to a divorce application if you have been served with one.

We discuss the essential aspects of your familial situation, especially:

The official divorce application
The agreements (or positions) regarding child custody and child support
The partition of the family patrimony
Every other element relevant to your case

Once the procedures have been reviewed and signed, we file the proceedings with the Court or, if you are the defendant, we file your defense and/or appropriate related claims. Depending on the evolution of your case, it could result in an amicable settlement or contested Court hearings. In all cases, we support you every step of the way, preparing you thoroughly for every eventuality.

03.Urgent Measures and Safeguard Order

In certain situations, it may be necessary to request the Court’s intervention quickly to protect your rights or those of your children. We work with you to assess the possibility of filing an application for safeguard measures to deal urgently with issues such as:

Child custody and access rights
Child support
Spousal support (alimony)
Exclusive use of the family property
Every other financial or personal situation requiring immediate intervention

Safeguard orders offer temporary solutions for managing the relations of both parties while the case proceeds. They are intended to stabilize the situation for a set period, and can be extended or adjusted as needed until a final agreement or judgment is reached.

04.Negotiation and/or Mediation (If Applicable)

Negotiation or mediation is not always necessary. As each situation is unique, these steps are taken when details still need to be worked out to finalize the divorce file. We try to negotiate solutions that are fair to both parties, and that will result in a favorable settlement.

In some cases, going to trial may be necessary to assert your rights and best protect your interests and those of your children.

05.Divorce Judgment

At the end of the divorce process, the judge renders a decision. This not only puts an end to the marriage, but also confirms the various agreements relating to the issues arising from the marriage or issues orders in cases in which the parties do not come to an agreement. Once the judgment has been pronounced, we ensure that the conclusions set out in the divorce judgment are respected.

It’s a new chapter for you and your family. You can now start this new life and focus on your well-being and rebuilding.

A motion to modify the divorce judgment been filed? We are available to help you through these changes!

Frequently Asked Questions

01.How long does the divorce process take?

The duration of a divorce proceeding depends on several factors, including the complexity of the case, the level of cooperation between the parties, and more. Every situation is unique, making it difficult to predict exactly how long the process will take.

When there is agreement on the main aspects of the divorce, the process can be relatively smooth. However, in cases of disagreement, particularly involving children or the division of assets, certain steps may take longer.

In all cases, our goal is to move your file forward efficiently, while respecting your rights and promoting a fair and lasting resolution. We support you at every stage with diligence, attentiveness, and commitment.

When it comes to divorce, we do our utmost to facilitate the process and ensure the progress of the case. We represent you rigorously and respect your rights. We do everything in our power to win the case when necessary.

02.What are reasonable grounds for divorce?

It’s important to note that in Canada, you cannot get a divorce without a valid legal reason. Under the Divorce Act, there are three recognized grounds for divorce:

Separation for at least one year: This is the most common ground cited in court. It refers to a physical and emotional separation lasting at least 12 months, with at least one spouse intending to end the marriage. It’s important to understand that spouses can be considered separated even if they continue living under the same roof, as long as they are no longer living as a couple (for example, no longer sharing a bedroom, meals, or marital responsibilities).
Adultery: Adultery occurs when one spouse has sexual relations with someone outside the marriage, violating the vow of fidelity. In some cases, the spouse requesting the divorce may need to provide evidence of the infidelity, which can make the process more delicate and emotionally charged.
Physical or mental cruelty: Any form of abuse, whether physical, verbal, psychological, or emotional, can constitute grounds for divorce. This includes threats, harassment, repeated insults, or acts of violence. In such cases, protecting your safety and that of your children becomes the top priority.

Divorces can occur amicably, or be contested. An amicable divorce occurs when both spouses agree on all key aspects of the separation, such as child custody, support, and partition of property. Because there are no major disputes, this type of divorce tends to move forward more smoothly and efficiently, often without the need for multiple court appearances.

A contested divorce (or contentious divorce), on the other hand, arises when the spouses disagree on one or more significant issues, such as parenting arrangements or the partition of assets. These cases can be more complex and may require several court hearings, often extending the overall timeline of the proceedings.

03.Do I need a lawyer to get divorced?

It’s not necessary to initiate divorce proceedings with a lawyer. However, proceeding alone can bring its share of challenges. Many will opt for this solution and experience obstacles along the way.

In the case of an amicable divorce (uncontested divorce), it may be easier for a person wishing to represent themselves to initiate divorce proceedings. Nevertheless, you should expect to comply with certain formalities required by the Court, such as:

Ensuring that the process is properly drafted
If necessary, being available and present at all scheduled hearings at the Courthouse
Having to communicate with the opposing party to keep the case moving forward
Establishing difficult issues with the opposing party
Handling unforeseen circumstances and manoeuvring alone in these matters
And much more

The procedure can quickly become more complex if your ex-spouse contests the application. In such cases, involving a lawyer is highly recommended, even if only to ensure your interests and rights are respected. Your lawyer will take care of several key aspects of the case, including:

Offering support tailored to your situation
Establishing the objectives to be achieved
Drafting the procedures and documents required to file the application
Representing you at hearings
Discussing and solving sensitive issues with the opposing party
Taking care of any unforeseen circumstances that may arise during the proceedings
Ensuring that witnesses are ready to testify and gathering evidence as required