Divorce – Timothy Fultz Law Office

What to Consider Before Getting a Divorce

Timothy Fultz Law Office — Tue, 18 Feb 2020 15:18:44 +0000

Getting a divorce is one of the most serious decisions that should take a lot of consideration. Just a few thoughts about what you might want to consider when planning for divorce.

It won’t come as a surprise when I say divorce is a traumatic experience for everyone in the family. Even when you try to hide the details from the kids, they have a way of picking up; they understand more than what you may believe. But do they understand so they don’t feel their world has been completely shaken? You might want to discuss a divorce with a family professional; discuss how you might deal with the kids to reduce feelings of dread and loss. You do not have to go through a divorce alone and the lawyer, in all honesty, may not be the best person for answering questions dealing with the psychological and emotional impact.

Another one it’s helpful to meet with is your accountant if you have one, or a financial planner so you can get some planning for the financial aspect. A Certified Divorce Financial Analyst (the CDFA designation) addresses the special financial issues of divorce with data to help achieve equitable settlements.

Another financial specialist is a chartered financial divorce specialist (CDFS designation). The CDFS is a financial planning professional with a recognized designation, who has been specially trained in financial projections and the analysis of financial matters involving separation and divorce. A consultation with a financial specialist in divorce situations is a recommended step for planning and dealing with the uncertainty.

Related article: How much does Divorce Cost in Ontario?

Getting a Divorce or a Legal Separation?

You may think that you’re certain that divorce is what you want. But every lawyer has the legal obligation of pointing out reconciliation as a possibility to be sure that divorce if that is what you want, is really the only option because the breakdown in the relationship is irretrievable.

But you need to keep in mind that the divorce is probably an incidental issue in the legal process. While parenting and support may be termed ancillary to the divorce, legally speaking, they are really at its core. It’s the parenting, property and support, both child and spousal, that create the complications.

The divorce is not always the catalyst for the legal process. Often couples can separate without intending at first to get the divorce; the decision to separate is all that is needed to start discussions about the main concerns about parenting, support and property division. Once these are determined, then the parties finalize their arrangement by getting the divorce order. Often separation takes place even though the couple continues to reside in the same property. If they are separate and apart, they can be separated even though they still live in the home at the same time.

It only takes one to say the relationship is over and you are separated. The couple does not have to decide this together. They may but it can be only one party who decides the relationship is over.

Gather Important Papers and Documents

Once you’ve decided you’re separated or you want to separate, then you need to think about the necessary steps that you need to take before going through the process officially.

You need to collect your financial information. If you know the date of separation you should obtain statements from all accounts and investments as of that date as well as for the date of marriage if you had these accounts and investments as of the date of marriage. The property you own will need to be valued also as of the date of separation. If they were acquired before marriage and owned as of the date of marriage you will need to obtain statements indicating the value as of the date of marriage since this may qualify for an exemption. A Divorce Financial Professional can help you to put together the documentation that eventually will have to be given to your lawyer.

It is recommended to make copies of income statements, several months of your most recent pay stubs, the last 3 years tax returns and notices of assessment (and reassessment), property transfers, mortgage statements, account balances, investments accounts statements, RRSP’s, RESP’s (or RRIF’s), TFSA statements, credit card statements, lines of credit and loans, etc. This will allow you to have the basic documents. This is by no means an exhaustive or complete list of what you will need. Each case is different and the more complex your financial circumstances will require more extensive documentation. Meeting with a lawyer or divorce financial professional will help you clarify what other documentation will have to be collected and produced.

Making Plans About Finances

Separation is expensive. Your choices ranging from how to proceed and the advisors you choose can ultimately affect the cost. There are several legal process alternatives you can choose from, whether mediation, collaborative law, traditional negotiation and court or arbitration. You can consult with a lawyer about what will work best for you, but it probably is a good idea to consider how you will pay and possibly setting aside funds to cover at least the initial costs. If you will have difficulty paying for whatever process you choose, you should speak with a lawyer or family specialist about the issue.

As a basic rule of thumb, it’s probably safe to say if your divorce is contentious or there are complex issues at stake, then it is more likely the costs will be higher. When parties are basically in agreement on the outcome, the cost is lower. When they are fighting over every detail, the cost will be higher. For that reason, you should educate yourself about the different processes at the start before you make any final decision about how to move ahead. Each process will have a different cost. They can run from reasonable to very expensive.

Final Thoughts

Each divorce is unique. You cannot and should not compare your situation to a friend or family member who got divorced. That’s why when deciding on getting a divorce, the first thing you should do is to seek professional help to guide you through the process. Being prepared will help you steer through the difficulties you will face.

Help is available if you make the effort and take some time to look for it. If you need more information or wish the book a consultation, call Timothy H. Fultz Family Law & Mediation.

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Separation: Court Is Not the Only Option

Timothy H. Fultz — Sun, 09 Apr 2017 10:40:06 +0000

Every family breakdown presents you with one basic question that will have major consequences on the conflict plays out. That question is how do you do it? – in a word, what process do you choose. While it may seem simple enough, the choice of process may have severe consequences on the substance of the conflict, the parenting, property division and support issues, but also on the costs and wear and tear to you from the conflict.
Assuming “legal” options are now the only alternative for dealing. Essentially you need to choose between essentially 2 paths: a traditional court process or a non-court one. The court process, whether taking place in court or outside in discussions, views each side as a combatant, each initially taking up strongly supportive positions. The process tends to promote and grow the conflict, until it gets resolved in the majority of cases. The non-court processes, on the other hand, focuses on reducing sources of conflict and promoting discussions on substance

The Traditional Court Process

This is the high conflict option and, without doubt, the most expensive, the most stressful and the most uncertain one if you are concerned about outcomes. For all its drawbacks, nevertheless there are circumstances when it’s the only recommended options.

The Non-Court Processes

These are the alternative dispute procedures. It helps to see the alternative procedures as having a number of types: one, being as simple as informal negotiations; another being the collaborative procedure; the third being mediation and finally, the fourth being arbitration. Each of these processes have their particular rules, all being simpler than the rules for the formal court process, but they all share one feature which is to reduce conflict so the substance that ultimately has to be decided can be addressed.
Each alternative dispute procedure has its advantages and drawbacks. But it is best you discuss with a lawyer the procedure that best suits your circumstances.

Basic Questions You Need To Ask For The Non-Court Process

The procedure you ultimately opt for will depend on an honest and frank assessment. The questions you will have to answer are:

how are you and your partner accustomed to making decisions;
how do you normally resolve disputes and negotiate;
what level of risk are you comfortable with and how do you handle risk;
how do you and your partner behave in conflict or potentially high conflict situations.

How you answer these questions are critical in choosing process and how it will look. For example, if you have problems discussing difficult issues with your spouse/partner how will you conduct yourself in a negotiation/ mediation? If your spouse/partner controls certain aspects of your relationship how will you overcome the power imbalance? If there are mental health issues how will these be managed? These are critical questions in any process. In the court process they play a role but under the surface; in the alternative procedures they are addressed in promoting a fair and equitable agreement.
For more information on how to select the legal process that works for you, please contact me [email protected] with specific questions relating to your particular situation. All inquiries are held in the strictest confidence and will be answered.

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Are you able to Stick to the Negotiations when it gets rough?

Timothy H. Fultz — Sun, 09 Apr 2017 10:32:25 +0000

A court procedure does not ask of the sides to work together to find a solution. Both sides are encouraged to take starkly different starting positions and over time it is expected they will gradually move to the center which will produce a solution. When this doesn’t happen a trial takes place and a judge imposes a solution.
The alternative dispute alternative relies on the premise the parties are motivated to find the solution. Discussions can be difficult, emotions can ride high, but the professionals entrusted with guiding discussions are trained in managing conflict while they navigate the inevitable difficult patches where disagreements over stark differences flare up. At its most basic level the value of the process becomes apparent as the parties remain at the table, entertaining options and remaining open to discussing openly with the other side. The parties control the process. The more they engage it, the more they see results.
Working together does not mean giving in to the other. It does require an effort to hear what the other is saying. Similarly when rough patches come up a side may be hard pressed not to walk out but remain at the table until a way out comes to light. On the whole, an alternative process will reach a solution. But sometimes it won’t. There are no guarantees since the process depends so much on the parties and the baggage they bring to the discussions. But say no solution is reached or a partial one. This is not by any means a failure. If in the end parties have to go to court, often the alternative process helped to reduce the issues so significantly that the eventual costs for going to court are far less than otherwise would be the case.

Why Is Litigation So Expensive

Litigation is a procedure made up complex procedural stages; each stage has its own rules giving rise to multiple legal strategies. It is a complex game that requires an extremely high level of expertise to play. The complexity is driven by the need for formal proofs calling on different areas of expertise. This is what imposes the high costs: the collection of evidence, the time to plan, prepare and then present it; the need for experts to explain and evaluate that evidence. Every step in the process has its formal rules.
Except for the most exceptional cases, it is difficult, if not impossible, to predict outcomes. As a result tensions run high and the risks for success or failure increases. It should not come as any surprise that as costs for going to court go up the number of self-represented litigants increase. Better than 50% of litigants in family court now represent themselves for the simple reason they cannot afford lawyers. But by going to court without professional help the litigant has put himself in an inferior position. So the question is why do self-representatives prefer to go by themselves to court rather than go by one of the out of court processes?
While there are plenty of studies pointing to the family law court system breaking down under its weight, I have seen nothing suggesting why unrepresented parties are choosing a process for which they are not trained or have any experience in over one that is tailored to their needs and costs.

Are The Costs For Alternative Procedures Less

It’s safe to say the costs for mediation and the collaborative process will be less than the traditional court. But saying it’s less is not to be understood as being negligible. Costs are always relative, meaning what would be an expensive case in the traditional arena will probably be more expensive in the alternative one. But you have to compare the costs in one procedure with what they could be in the other.
Ultimately the costs in an alternative process, whether mediation or collaborative, will depend on how many meetings are needed to deal with the issues. Marathon full day sessions sometimes are not possible because parties wear out and get tired, options aren’t immediately presenting themselves, impasses are reached at which point it’s healthy to pause discussions and get both distance and perspective. All these factors affect costs. A process that requires 5 or 6 meetings will obviously be more expensive than 1 or 2 sessions. But you need to keep in mind that a separation that needs multiple sessions in the alternative process would likely produce a high cost scenario in a traditional court process, where the parties have to be mindful of their own costs plus the risk they pay for the other side’s costs too.
In mediation the parties share the costs in some predetermined proportion. In the collaborative process while each party pays for their own lawyer the other professionals’ costs are shared. Duplication on financials and reports, if needed, are avoided. So the incidental costs are radically reduced.
In simple cases where there are no complex assets and parties are parties are already predisposed to resolving parenting, the alternative environment that encourages consensus and settlement can reach a final agreement at a fraction of the cost of a traditional process.
For more information on how to select the legal process that works for you, please contact me [email protected] with specific questions relating to your particular situation. All inquiries are held in the strictest confidenc e and will be answered.

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