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Dedicated to Family Law.
Results Driven.
MADISON CENTRE
4950 Yonge Street, Suite 2408
Toronto, ON M2N 6K1

MISSISSAUGA EXECUTIVE CENTRE
2 Robert Speck Parkway, Suite 240
Mississauga, ON L4Z 1H8

Please contact us by phone at (416) 222-
6980 or email at info@nathenssiegel.com.

http://www.nathenssiegel.com

How can I make the divorce process
move faster? (Part 1 of 3)
The amount of time the divorce process takes depends
mainly on how complicated your case is. Simple divorce
cases can take a few months or even less, but a divorce with
complex financial, property, or custody issues usually takes
far longer. Usually, your divorce will be final shortly after you
and your spouse reach an agreement – or after a judge
makes the decisions for you.

http://www.nathenssiegel.com/faq/faq-divorce-process#faqtxt1

One way to makes things go more quickly is to cooperate
with your spouse, in order to avoid the wasteful conflicts that
lead to lengthy court battles. If you and your spouse (and your
respective lawyers) can create an agreement that works for
both of you, you will save a significant amount of time and
money. However, keep in mind that this might require both
you and your spouse to make compromises on some issues.
Ask yourself whether it’s really worth the time and money to
take your spouse to court over certain issues between you. If
you’re determined to “win” against your spouse in every
aspect of your divorce, then get ready for a long, costly,
drawn-out fight in court. But the more you’re willing to work
constructively with your spouse, the faster and easier your
divorce will be.

Whether you’re litigating or settling, you can also help your
divorce along by preparation and by cooperating with your
lawyer. You can avoid unnecessary delays by providing
documents and information that your lawyer needs right away
and responding immediately to his or her requests. Also make
sure that your lawyer prepares you well: get the legal advice
you need right at the outset, to prevent you from acting in
ways that might result in legal delays or costs. If you have
time, it’s also a good idea to educate yourself on divorce law
in your state. The better informed both you and your lawyer
are, the better prepared you both will be – and the smoother
your divorce case will go.


How can I lower the overall costs of my
divorce? (Part 1 of 3)
The overall costs of your divorce depend mostly on how
complicated and/or adversarial your particular case is. A simple
divorce with mutual agreement and few or no property/custody
issues will usually be quick and inexpensive. However, if your
divorce is more complex and takes a long time to resolve, you are
certain to pay more in legal fees. Even if this is the case,
however, there are ways to lower your costs.
If your spouse is willing to discuss the issues peacefully in a non-
combative setting, you may wish to try mediation. This popular
alternative to court battles allows the spouses to work out an
agreement themselves under the supervision and guidance of a
professional mediator (often a lawyer or counsellor). Typically,
each party employs a lawyer to give legal advice in the process.
Although it’s not recommended for every case, mediation usually
saves both time and money in resolving divorce cases.

Similarly, resolving your divorce in an out-of-court settlement (if
possible) will be far less expensive and time-consuming than
slugging it out in court for weeks or even months. In a court
battle, the fees keep piling up until the end is finally reached, but
an agreement will avoid such excess time and financial
expenses.
Whether you’re mediating, settling, or litigating your divorce, one
smart way to save money in the long run is to use your
professionals’ time more efficiently.
Lawyers, accountants, counsellors, and other divorce-related
professionals typically charge fees by the hour. So you don’t want
to waste their time and your money on irrelevant or wasteful
issues. For example, remember not to use your lawyer as a
therapist; he or she may sincerely sympathize with your
emotional distress, but that’s not what you’re paying the lawyer
for.

You can also save your lawyer a lot of time by providing all
relevant information for him or her right away. This way, you don’t
have to pay the lawyer extra for unnecessary research or waiting.
The more prepared your lawyer is, the better (and more
economically) he or she can serve you.
Divorce can be very expensive, and it’s understandable that you
would want to lower the overall costs. However, don’t sacrifice
your chances of getting an acceptable outcome for the sake of
saving money. Don’t pick a lawyer solely on the basis of lower
fees; make sure that he or she will do a good job as well. Getting
the best possible long-term results may be worth spending a little
extra.

How is “collaborative law” different from
mediation or traditional settlements? (Part 1
of 3)
Collaborative law is a dispute-resolution alternative in which both
parties’ lawyers agree to work together toward a settlement
without litigation. Invented by Minnesota matrimonial lawyer
Stuart Webb, collaborative law also involves a written agreement
stating that both lawyers must withdraw from the case if either
party chooses to initiate adversarial court proceedings.


of 3) to resolve divorce and other
Like mediation, collaborative law aims
types of disputes through cooperation between both sides – with a
much lower financial and time expense. However, one of the primary
differences is that the parties themselves negotiate the terms of their
own divorce in mediation, under the supervision or guidance of a
neutral mediator (often a lawyer or counsellor). Each mediating party
may hire his or her own lawyer for individual advice. But in
collaborative law, each party hires a lawyer that specializes in the
collaborative-law alternative, and their lawyers do the negotiating –
with their clients’ best interests in mind. Whereas mediation may not
be appropriate in cases where there’s a power imbalance between
the parties, or there’s any other personal disadvantage for
one, collaborative law can eliminate this potential problem through
having the lawyers negotiate on behalf of their clients’ interests.
(Often, a neutral professional such as a financial planner, custody
evaluator, or therapeutic “divorce coach” is brought in as well.)

of 3)
Whereas all matrimonial lawyers can negotiate peaceful settlements
in divorce, collaborative law is different in that, again, litigation is
completely ruled out as an option. Sometimes, an attempt at a
settlement may result in litigation if one of the lawyers and/or parties
is unreasonable about their terms or feels that the other party is being
unreasonable. In collaborative law, however, both lawyers have
agreement as their primary goal, rather than satisfying their
respective clients’ separate agendas.
Collaborative law works as a four-way negotiation process to reach a
win-win solution to divorce, involving the lawyers’ problem-solving
skills rather than their adversarial instincts. Once an agreement is
reached between both parties and their collaborative lawyers, the
lawyers officially prepare the agreement, the divorce is settled, and
clients hopefully move on with their lives.

I would like my divorce to go smoothly, what
advice can you give me?(Part 1 of 4)
Divorce is traumatic. It is not realistic to expect that a divorce will be
painless or that the road to divorce and separation settlement will not
have bumps along the way. The following points may lead to a less
stressful divorce, if not necessarily a smooth one:
Avoid Court if possible: Court proceedings should be used as a last
resort, where negotiation or mediation outside of court will likely not
result in a reasonable settlement. If there is a possibility of reaching a
negotiated settlement prior to court proceedings being commenced
this possibility should be fully explored. Once the divorce is in court
there are often lengthy delays and related expenses, and court
proceedings tend to create more animosity between parties, not less.

Be realistic: There are two sides to every divorce story. Whether
your divorce proceeds through negotiation, mediation or court it is not
realistic to expect that one party will be the “winner” and the other
side will be the “loser” in the divorce. Usually court judgments and
negotiated settlements take into account the interest of both sides
and the children, and court decisions and negotiated settlements are
seldom one sided victories. Parties to a divorce should avoid going
into the process with an “I am going to take him/her to the cleaners”
mentality, as this will lead to added expense and ultimate
disappointment with the result.
Remember the children: Children have the right to know both their
parents and spend as much time with each as may be in their best
interests. Children are often more flexible and adaptable than parents
in divorce proceedings give them credit for. Attempt to be creative
with your former partner in coming up with a parenting regime that

Remember that your former partner has qualities you once admired
that may likely benefit the children. Unless there is no other way, do
not delegate decision making powers regarding your children to a
third party judge or arbitrator who does not know your children.
Disclose, Disclose and Disclose: In Ontario where I practice Family
Law, full financial disclosure in a divorce proceeding is a must. This
includes disclosure of any and all relevant income, business, or
company information of a payor. Often this disclosure may include
financial records going back three years or more. The theory is that a
fair settlement or judgment is not possible without full and frank
financial disclosure. The quicker that disclosure is provided on a
voluntary basis, the less expensive the ultimate settlement or divorce
judgment will be to obtain.

Get Good Counsel : Other than the simplest of divorces where there
are no children, no property, and a very short term
relationship, divorce and separation proceedings are complicated.
There are a number of ways to resolve divorce and separation
disputes, either through mediation, negotiation, collaborative law or
court. Do your research and find a lawyer or mediator trained to deal
with divorce and family separation that you are compatible with and
who can assist you through the process.
Divorce and separation is not a smooth process. The five points set
out above will minimize the financial and emotional distress caused
by the process, however will not likely eliminate them altogether.

THANK YOU
Contact our Intake Clerk Maria Tsirikos at 416 222 6980 ext. 2900
for further information or to set an appointment with a lawyer or e-
mail us at mtsirikos@nathenssiegel.com.
For more FAQs on divorce, child support / custody
issues, collaborative family law, divorce mediation, financial and legal
issues, please visit http://www.nathenssiegel.com/

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