Separation
and Divorce
Conflict/Length of Time
It can take a number of years following separation for family law matters to be settled by either trial or agreement.
It is important to understand that the amount spent on legal fees in a family law case is directly related to the level of conflict in the case, and the way in which that conflict is resolved. The level of conflict in a case is a direct reflection of the level of conflict in the relationship.
Our job is to assist in resolving the dispute and not to exacerbate the conflict.
Divorce
Divorce is generally the last step in the family law process.
Separation Agreements and Court Orders resolve family matters but cannot legally end a marriage. Only a court can grant a divorce upon an Application to the Court for a divorce.
In order for a divorce to be granted, the spouses must have been separated for one year (includes separated spouses who remain living in the same home) and financial matters affecting the children of the marriage have been resolved. A divorce judgment becomes effective 31 days after it has been granted.