The most difficult part when going through a divorce is separation. Few people differentiate divorce and separation, thinking they are one and the same. These are two entirely different concepts and situations with completely distinct steps and requirements. In Ontario, separation and divorce are both required if you want your marriage to come to an end, legally.
What is Separation?
Separation is the phase in a relationship when a couple reaches a mutual decision to separate. This is often done when one of the spouses decides the time has come to end their marital relationship. If the two have no reasonable prospects of getting back together, it may be the right choice to go for separation.
Separation agreement is the first step you need to take once the decision to separate has been made. Make sure you have a divorce lawyer present as it is difficult for you to understand and figure out the complex and confusing details when you are most probably an emotional wreck. This legal document holds all the responsibilities and rights of the couple. It includes:
• Provisions for Spousal Support
• Custody of the kids
• Child Support
• Property Separation
It lays down the base on which the two of you will continue to live separately.
You must know that the marriage does not end after a separation agreement. Divorce is the only way to do that. As long as everything has been taken into consideration, like child support and custody matters, finalization of the divorce can proceed. It does not require dealing with every single factor of the separation agreement. Make sure you hire a reputable divorce lawyer to handle your divorce proceedings. This can be an emotionally difficult time, and you will need help dealing with the legal aspects of divorce and all its requirements.
Being forced to make critical decisions and negotiate during such a time can make it hard to draft a separation agreement. Still, there are issues that are important to deal with and quickly. This is where your divorce lawyer comes in to guide you through the negotiation process and possibly help you go to court with your claims.
Of course, you can try to reach a separation settlement with your ex directly, which is the best way to resolve the matter. However, if you are unable to reach a settlement, the last resort is to go to court. To handle disputes between parties who cannot settle matters among themselves is the reason why courts exist in the first place.
It may be hard to do so, but relax and get help from a good divorce lawyer (as soon as possible). Try to think straight as any rush decision can make you end up on the losing side. Know that these difficult times will pass, and the issues will be resolved. Once they do, you will be able to look forward and focus on the rest of your life.