May 30

Scary Statistic!

Two weeks ago Statistics Canada released a Report with some scary statistics for divorcing and separating couples. While the report did mention an overall decline in divorces for the period from 2005 to 2008, what caught my eye was the fact that 25% of divorce files took 2 years, or more, to conclude, which is downright scary!

Of that 25% there are no doubt spouses, already relieved to be living separate and apart, where there is little motivation to pursue a divorce. There will also be those who decide, for financial and/or emotional reasons, to put the divorce on hold.

But what about everybody else? And more importantly, if you are separating, or separated, what can you do to avoid becoming enmeshed in divorce proceedings for 2 years or more? Here are some helpful tips.

Firstly, you need to understand the divorce process, and your legal rights. Let me begin by dispelling one of the most common myths I hear in my family law practice. Namely, obtaining a divorce is easy, all that you and your ex need to do is (typically) wait a year, and then file for divorce, or have a divorce service file the papers. Since you both agree to a divorce, it’s no problem.

Sorry, it doesn’t work that way. You and your ex need to address, and resolve, all outstanding legal matters, ie custody, support, division of assets, etc, before, a judge will grant a divorce. So, the sooner you start this process, the better, and don’t schedule any marriage dates with your new partner in the meantime.

Although as I mention this, I did meet a client last week, who said he had been divorced for several years, without having matters finally settled. This is extremely rare in my experience, and while I don’t know for sure, it suggests that the divorce service which filed his divorce papers may not have followed proper procedures. In any event because these matters were not settled when they should have been settled, any possible legal impact on this client’s legal rights and responsibilities will need to be re-assessed, resulting in more legal costs and expenses.

Secondly, I encourage you to explore any one of several alternatives to legal action, which, if successful, can drastically reduce divorce time, and cost. Personally, I believe mediation, or my favorite, collaborative divorce can work wonders, even in situations which appear irresolvable.

Lastly, and most importantly, is to remember that any legal proceeding is not the appropriate forum to punish your ex for past misbehavior. In other words, you need to try and keep your emotions, separate and apart, from your legal rights and responsibilities.

If you disregard this last bit of advice any realistic hope of a negotiated, or mediated, settlement will disappear, and you will ultimately leave your future fate in the hands of a judge. And any judge will not decide your legal issues on the basis of a personality contest.

There you have it. Three tips to prevent you from becoming just another scary statistic!