Divorce 101- The Basics

Divorce Quick Facts

• While having a lawyer has always been the first reaction, the fact is, even a contested divorce does not require a lawyer.

• You need a divorce to get remarried. 

• Only Supreme Court can grant divorces.

• You must be separated for a minimum of one year to be granted a divorce. NOTE: exceptions are proven adultery or cruelty.

• All provisions for children must be satisfied before being granted a divorce (ie. no support arrears, appropriate parenting plans in place).

• A divorce is official 31 days after the court has signed the order.

• All matters are eligible to be mediated by agreement, outside of court through negotiations, including the division of assets and debts, if you are on amicable terms with your ex. 

• A Supreme Court application is required to divide assets/debt, whether you are married or not.

• Supreme Court matters require filing fees by the person initiating action.

• Most Supreme Court family law matters must be heard at a Judicial Case Conference (JCC) before a court date will be granted.

• Most cases will require at least one mediation session if the JCC is unsuccessful.

• High-conflict cases may not be suitable for mediation

Mediation vs Arbitration

Mediation is a collaborative process for couples who mostly agree on the majority of their concerns through separation or divorce (ie. parenting time, child support) but have a few issues they are stuck on. A mediator is a neutral 3rd party to guide your conversation with the goal of negotiating a settlement or meeting in the middle. Mediation is confidential and any unsigned agreements cannot be brought into court if you are unable to come to an agreement. For a more extensive look at mediation click here.

Arbitration is often offered as the next step past mediation but not yet at the court stage. Arbitrators make decisions based on your submitted views and facts, then make a decision on your behalf. An arbitrated agreement is legally binding and one step short of a court order. Certain mediators are trained arbitrators and if your mediation is unsuccessful, the contract may often say arbitration would be the next step. Before you agree to contract a mediator/arbitrator, read the contract carefully and don't sign if arbitration is a 'must do' after an unsuccessful mediation. Arbitrators are not judges but their decisions are binding and difficult to dispute.

**Reach out to another professional with legal knowledge before signing a contract where arbitration is required after an unsuccessful mediation (especially with the same mediator) so your rights are protected.  Unless a judge has ordered arbitration, exercise caution.