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Best Option to Ease the Divorce Process

Posted by Ontario on October 28, 2015 in oakville ontario, Oakville Ontario Services, Relationship with No Comments

Oakville family lawyerDivorce is a situation that no married couple ever intends on facing. Unfortunately, divorce is a common occurrence in our society today, and oftentimes marital issues are settled in a less-than-amicable manner. Many times the spouses are left emotionally and financially drained, and the family members – namely the children – are left devastated emotionally as well.

Luckily, there are other ways to end a marriage, that help to preserve dignity and pave the way to a better tomorrow.  If you are in the process of separating, you should know that there are alternatives to traditional divorce court.

Collaborative Family Law – A More Dignified Way to End a Marriage

Collaborative family law is a much more dignified way to handle the process of separation and divorce. This process works well when the couple can speak to each other in a reasonable manner in order to resolve their issues rationally.

This method involves entering into a Participation Agreement, which binds all parties to the process, including the couple, their lawyers, and any other professionals involved. Should either spouse decide that they’d prefer to go to court down the road, everyone needs to withdraw from the process, including the respective lawyers.

Collaborative Family Law OakvilleThe role of the Oakville family lawyer in collaborating is to provide his or her client with sound legal advice throughout the entire process. He or she will essentially coach the client on the requirements and issues regarding the separation agreement under the governing laws of Ontario. This process is voluntary for all involved, and is a much more cooperative way to settle a divorce.

Alternative to Divorce Court

Collaboration makes divorce much less stressful and less emotionally draining compared to divorce curt. The goal here is to ensure that all parties involved experience the best possible outcome. Issues such as property, assets, liabilities, alimony, child custody and more must be negotiated and agreed upon by the parties in the separation agreement.  Collaborative family law puts the control into the hands of the divorcing spouses, rather than a judge in divorce court. This process makes way for a smooth transition from marriage, to divorce, and ultimately to a new life.

Are You Looking for an Experienced, Caring Oakville Family Lawyer?

Collaborative Family LawDiane Daly and her team of experts are experienced in collaborative law, as well as other means of settling a divorce, including negotiation, mediation and arbitration. If you are going through a divorce, you need a caring, compassionate, experienced family lawyer to help you dissolve your marriage in the best manner possible, protecting your rights and the rights of the children going forward. Visit www.OakvilleLaw.ca today for more information about collaborative family law and other methods of avoiding divorce court and a long, drawn out battle.  You can also make an appointment for a consultation by calling (905) 844-5883.


Family Law Mediator Ontario – Helping Dissolve Marriages Amicably

Posted by samanthas on February 7, 2013 in Relationship with No Comments

Family Law Mediation – An Alternative Solution When Dissolving a Marriage

If you are considering divorce, but are uneasy about the idea of having your divorce matters dragged through the courts only to have a judge make all the ultimate decisions, than perhaps divorce law mediation is right for you. Mediation is a great alternative to typical separation and divorce proceedings brought through the courts, as it gives the divorcing spouses the opportunity to end their marriage with more control over the outcome in the terms of the separation agreement.

What is Family Law Mediation?

This voluntary process involves the assistance of a family law mediator to help resolve issues involved with the divorce process. This is a good option for those who are looking for more of a problem solving approach to the issues that arise on separation. Rather than settling matters in court, mediation can provide an alternative to resolving differences and finding a better settlement for the spouses and their children.

The parties involved generally sign a Mediation Agreement which binds them to the process at hand. A family law mediator will help to identify the issues involved that require resolution, which ultimately facilitates a diffusion of emotional tension among the parties involved. Issues are kept private and confidential without having to involve unnecessary parties to intervene. Rather than focusing on negativity, the focus is honed in on reaching an agreement with the help of the mediator.

Matters and issues that can be resolved in a mediation process are the same as those that are handled in court, such as:

  • Child support
  • Child custody
  • Dividing property
  • Dividing business partnerships
  • Dividing capital and assets

Finding the Right Family Law Mediator

If you are looking for an alternative to court to end your marriage, then consider mediation. To begin, you’ll need the assistance of an experienced mediator who is usually a divorce lawyer specially trained in mediation to resolve issues involved in the separation process. Diane Daly is one such experienced divorce mediator in Oakville who has over 20 years of experience helping couples go through the divorce process with integrity and dignity.  She helps helping children and other family members move on to a better tomorrow with agreements that all parties can live with.

When you are considering divorce, call Diane and her team to today and dissolve your marriage using an alternative method to divorce court.  Her team also offers negotiation, arbitration and Collaborative Family Law.  Learn more by visiting her website at: www.oakvillelaw.ca, or call (905) 844-5883 if you are in the Greater Toronto – Greater Hamilton area.


Having a Female Divorce Lawyer Represent You

Posted by samanthas on January 9, 2013 in Relationship with No Comments

There are traumatic events that happen to people during the course of their lives, including divorce. Going through divorce proceedings is incredibly stressful and emotionally draining, and is one of those life events that can be very difficult to get over. When you find yourself in this situation, you need to get the support of a kind, understanding and knowledgeable lawyer who will be able to guide you through the divorce as quickly as possible so that all parties leave the divorce with dignity and the hopes for a better tomorrow. If you are a woman, perhaps hiring a female divorce lawyer Toronto will make you feel more comfortable and help you protect your rights for spousal and child support. Diane Daly is a female lawyer who has been helping couples settle their divorces for the last 20 years.

Negotiating Terms of the Divorce

Before beginning a divorce proceeding, you need to have an experienced divorce lawyer guide you. The terms of the separation agreement will first be negotiated, which includes settling the following:

  • Child custody
  • Child support
  • Spousal support
  • Division of property and businesses
  • Division of expenses and debt

Before you finalize your divorce, a divorce lawyer like Diane Daly can educate you on all your rights and options in order to help you make the most ideal decisions that will benefit you and your children.  How you settle the divorce will depend if it is contested or uncontested.

For uncontested, Diane is also trained in alternative methods of settling a divorce, including:

  • Negotiation
  • Divorce Mediation
  • Collaborative Family Law
  • Divorce Arbitration

Some of the options above can allow the divorce negotiating to be done outside the court so that the divorcing couple will have more authority to settle any issues, rather than having a judge act as a third party to settle the issues on the divorcing couples’ behalf. Allowing more control among the divorcing spouses and attempting to settle it amicably can make the entire process much less emotional and stressful.  Alternative methods to divorce often allow couples to settle matters with cooperation and integrity, paving the path to a better tomorrow for them and their children.

Diane Daly has been involved in family law in Ontario for over 20 years, and has the necessary expertise to help settle divorce issues as quickly and amicably as possible so that everyone can move on with their lives. Call Diane today and let her help you if you have found yourself contemplating divorce.  Visit www.oakvillelaw.ca or call (905) 844-5883.


Collaborative Family Law – A Dignified Approach to Divorce

Posted by samanthas on December 14, 2012 in Relationship with No Comments

Collaborative Family Law – An Alternative to Court Divorce

Going through a separation and divorce is an incredibly trying time in a couple’s and family’s life. This difficult period can be even more difficult and stressful when the proceedings are dragged through the court system for extended periods of time with opposing parties fighting over every matter involved in dissolving the marriage.

Rather than taking the divorce proceedings to the court, there are other viable and less stressful options for those separating. Among these options is collaborative family law. This alternative to court divorce offers divorcing couples a much more dignified and cooperative approach to an otherwise potentially stressful and exasperating situation.

What is Collaborative Family Law?

Collaborative law is a legal process whereby the divorcing spouses find alternatives to divorce court and judgements in order to dissolve their marriage amicably. The divorcing couple will work with lawyers trained in negotiation, mediation, arbitration or collaborative family law.  Other family professionals may also be involved, including accountants, financial planners, child psychologists or others in order to facilitate the separation agreement.  This alternative to divorce ultimately leaves much more control in hands of the separating couple in comparison to court proceedings, where the judge will ultimately have the final say.

With such a process, collaborative family law proceedings will allow each party to achieve a settlement that meets their needs, that they are generally satisfied with. This is a voluntary process that generally involves each party signing a contract that binds each party to this particular process, showing their commitment to work collaboratively to reach a settlement.

Hiring a Collaborative Family Law Lawyer

Although collaborative law may not be suitable for everyone, it is an option available for those who believe their divorce can be handled amicably without the judgment through the courts. If you think collaborative family law is right for you, hire the experts in this field of family law, like Diane Daly and her team.

Diane’s 20 years of experience helping families dissolve their marriages as stress-free as possible makes her the ideal choice when you are looking to separate. If you are in the Greater Toronto area or Southern Ontario, call Diane Daly and her team today and see how they can help get you and your family through this trying and stressful time and on to a better tomorrow.


Separation and Divorce – A Dignified Approach

Posted by samanthas on July 18, 2012 in Relationship with No Comments

Separation and divorce can be extremely stressful for a couple ending their marriage.  When children are involved, the process can be even more devastating.  An aggressive and long legal battle can emotionally scar all parties involved.  There are alternatives to going to court that make the divorce process less damaging.  These alternative models also tend to be less expensive and quicker than court battles.

Collaborative family law is a dignified and cooperative approach to separation and divorce.  This is a relatively new process that works best with couples who can speak reasonably and rationally to resolve their issues.   The collaborative family law model uses a team approach to assist spouses in resolving issues that arise upon the end of a marriage.  The collaborative “team” includes both spouses, their lawyers, and any other professionals they feel are needed.  Financial experts (such as accountants, business and pension valuators) and family specialists (such as therapists and parenting coordinators) may be included.  With advice and assistance from the lawyers, the spouses decide who they need on their team.  Often, lawyers are not needed for all aspects of the negotiation.  Using this team approach is cost effective and efficient because the spouses have access to the right expertise at the right time.

In collaborative family law, separating spouses control the process (rather than lawyers or a judge) and work together.  If both parties agree to use the collaborative model, a Participation Agreement is signed by the spouses, their lawyers and any other professional members of the team.  During a series of confidential meetings, the spouses (with support from their team) identify issues, generate options and choose solutions that meet the needs of both parties and their children.  The collaboratively trained lawyers then draft a separation agreement based on the decisions.

Collaboration eases the emotional strains of a separation and protects the well being of the children.   The goal of collaborative family law is to assist separating spouses and their children to achieve the best possible outcome for all involved.  Collaboration encourages mutual respect and emphasizes the needs of children. Through open communication as well asfull and transparent financial disclosure, both parties address their concerns and interests.  This process paves the way for smooth transitions and positive interactions in the future.  People who reach agreements themselves tend to be more satisfied in the long run than those who have decisions imposed on them by a judge in court.The collaborative approach keeps you in control of the process and keeps it out of the courts.

Collaborative family law is a voluntary process for resolving conflict in a separation.  Both parties must cooperate in the settlement meetings.  If either spouse later decides to go to court, then everyone on the team must withdraw from the process, including the lawyers.  This is an incentive for both spouses and their lawyers to be committed and focused on negotiating and coming to an agreement.The lawyer’s role is to provide legal advice, and coach the spouses in an organized framework to agree on the terms of a separation agreement.  Collaborative family law is not for everyone, but it is a viable and preferred method for many families going through separation and divorce.