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For Canadian couples who are separating, filing for
divorce and litigation signify the beginning of the
entire divorce process which could at times be
consuming both emotionally and financially.
However, knowing the correct way of filing for
divorce as well as being ready with regard to the
procedures and what to expect during litigation can
take away most of the stress a couple may encounter.
Let us have a step-by-step look at the entire
process. The first phase of filing for divorce and
litigation requires the submission of certain
documents from the divorcing couple.
The documents are as follows: an authentic copy of
the marriage certificate of the couple, joint
divorce petition signed by the couple or by their
corresponding attorneys, updated and signed
financial statements of both spouses,
settlement/separation agreement, income assignment
worksheet, divorce certificate, and an appeal for
trial. One good idea is to consult a Canadian
divorce lawyer for additional papers that may be
required. After securing each of the said documents,
the spouse has the choice of personally filing the
papers or mailing them to the designated divorce
court. Upon receiving the documents, the court shall
set out a preliminary hearing for the couple'’s
case. Both the spouses will receive an advanced
written notice containing the “where and when”
information about the hearing. On the course of
litigation, both spouses are expected to be present.
Decorum and formality is regarded highly during
litigation. This is also the time in which a spouse
needs the representing and negotiating skills of his
divorce lawyer the most. Furthermore, oral
examination done by a judge is also included in the
course of litigation. Lastly, the end of litigation
is where a resolution is settled upon, so it is
necessary for both spouses to sort out each aspect
to be sure that both get a fair deal.
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