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Preserve the Interests of Your Family during a Divorce

Posted by Ontario on February 15, 2016 in Business, Oakville Ontario Services with No Comments

divorce lawyer OakvilleNo one ever expects to have their marriage end when they initially take their vows. Unfortunately, a number of circumstances can occur during a marriage that can cause a strain on the spouses. The couple may grow apart, finances may cause a strain, and other more trying occurrences may lead to a separation. Whatever the case may be, divorce is tough, but it doesn’t have to be made any harder than necessary. Trying to remain respectful and considerate throughout the entire process can really make the process much easier, faster, cheaper, and less stressful for everyone involved, including kids. Of course, a divorce lawyer Oakville should also be part of the equation.

Using Collaborative Family Law to Amicably End a Marriage

Rather than opting to drag a divorce through the courts and allow a judge to make decisions on marital issues on behalf the divorcing spouses, there are other options that are preferable when the couple is able to work together in an uncontested divorce situation. One alternative method for dissolving a marriage is collaboration through the guidance of a Collaborative Family Lawyer. This method is ideal for those who are still able to remain reasonable and respectful of each other, and maintain a level of cooperation to resolve the marital issues. A collaborative family law approach helps to preserve the interests of all family members using open communication and respect and protect the rights of the children and spouses going forward.

Oakville Divorce LawIf the spouses both agree to this method of separation, they then enter into a Participation Agreement, along with the signatures of their respective lawyers and other professionals on the team. The role of the collaborative family lawyer is to provide legal advice and information to their client, while preparing a fair separation agreement that protects their client going forward. This voluntary method helps to resolve conflict in a much more cooperative manner and puts the control in the hands of the divorcing couple – not the judge.

Keeping Divorce Dignified and Respectful with a Trained Expert

For support and assistance in ending a marriage through collaboration, contact Diane Daly and her team of experts. Diane is an experienced divorce lawyer who has helped many couples end their marriage using collaboration as the process of choice. Visit www.OakilleLaw.ca today to determine if collaborative law is right for you or if other methods of avoiding divorce court – like negotiation or arbitration – are more appropriate.  You can also call Diane’s team in Oakville (serving all of GTA and southern Ontario) at (905) 844-5883.


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.


Divorce Arbitration Ontario as an Alternative to the Court

Posted by samanthas on August 16, 2012 in Home Living Tips with No Comments

When a marriage falls apart, the entire situation is incredibly stressful and devastating to the entire family, including extended family. The idea of divorce is bad enough, so it’s in everyone’s best interests not to turn something bad into something even worse with a messy divorce. There are a few options for divorcing spouses to undertake when they are dissolving their marriage. One of these options is inviting an Arbitrator into the picture to help dissolve the marriage as amicably as possible. Doing so will make the situation much less stressful, and will help the parties leave the marriage feeling satisfied with what they have agreed upon during negotiations. Diane Daly is a divorce lawyer who also practices divorce arbitration Ontario in order to help all parties leave the marriage with as much dignity as possible.

What is Divorce Arbitration?

Divorce arbitration involves inviting a neutral third party into the negotiation process between the divorcing couple. This arbitrator acts as an unbiased third party who is there to help make the negotiations go smoothly, and to offer sound advice that makes sense for all involved. Arbitrators decide the cases, and both sides need to be in agreement and bound by this final decision. This is an alternative to bringing your divorce case to the courts in front of a judge, which can be much more invasive and emotionally agonizing for all family members involved, especially the children.

Advantages of Using an Arbitrator

Choosing divorce arbitration Ontario allows the parties to keep their divorce out of the courts. By keeping it out of the courts, the divorce can be dissolved much quicker and with much more integrity and ease. Setting dates for arbitration is so much easier and quicker than setting dates to present your case in court. In addition, the arbitration process is usually much less expensive than going through the court system.

The arbitration hearings are scheduled around each party’s schedules, and not around the court’s availability, which means that the divorcing couple does not have to wait around for a court date that may or may not coincide with their own work or personal schedules.

Choosing an Arbitrator

You want to make sure that you choose a lawyer who is well versed in divorce arbitration for Ontario, or your state/province.  Look for a divorce arbitrator who is experienced, professional and caring. Both parties should agree on the arbitrator that they would like to use. This person needs to be fully competent and reliable, as well as impartial. All these factors are important because the arbitrator’s final decision which will be binding on both parties, so you want to make sure you choose someone who has a great track record making sound decisions.

Diane Daly and her team have been helping divorcing couples deal with separation and divorce settlement in a variety of ways that help pave the way to a better tomorrow.  There are alternatives to divorce court including arbitration as well as negotiation, mediation and collaborative family law. Diane has plenty of experience in these delicate situations, and has a deep compassion for those most vulnerable in these situations, namely the children. Call Diane and her team today at (905) 844-5883 to help get the arbitration process started in order to avoid the costly and emotional court system.


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.


Using Divorce Arbitration as an Alternative to Divorce Court

Posted by samanthas on July 17, 2012 in Home Living Tips with No Comments

What is Divorce Arbitration?

Ontario divorce arbitration is an alternative method to settling divorce issues and dissolving a marriage rather than going through the courts to do so. It generally takes a shorter amount of time, and can be less expensive than taking the divorce to trial in front of a judge.

Rather than having to go to court according to the judge’s appointment, arbitration hearings are scheduled around the parties’ schedules, making it much easier and more convenient to be able to attend these meetings. All arbitration proceedings are kept confidential, although this information can be made privy to the public if the arbitrator’s decision is appealed.

If negotiation or mediation fail to settle divorce issues, than arbitration can be a viable method of resolution. Arbitrators ultimately make the final decisions when settling cases, unlike mediation where the decisions are made by the ex-spouses. It is essential that each party understands that it is the arbitrator who will be making the pertinent decisions, and they agree to abide by the decisions when they decide to use an arbitrator.

Benefits of Using a Divorce Arbitrator Ontario

One of the biggest benefits of using divorce arbitration is the avoidance of dragging the divorce through the courts. It is a less formal method of ironing out separation issues, and allows the divorcing parties to be able to schedule meetings that is convenient for them. Arbitration also tends to be much faster than court proceedings, as well as less expensive.  It is generally an alternative to divorce court that involves mutual respect and collaboration, and is easier on the family unit.

Have Professionals Assist You Every Step of the Way

Diane Daly is a divorce lawyer and experienced arbitrator, as well as a mediator and collaborative family lawyer. She is member of a variety of family law organizations and has over 20 years’ experience with Ontario law. Not only does Diane have the credentials to back up her professionalism, but she also truly cares about her clients and members of the family that are negatively affected by the divorce.  She can review your options to help you avoid divorce court and get on the road to a better tomorrow.

If you are facing the separation and divorce, contact Diane Daly and her professional and expert team today for a consultation on how her services can help you and your family.  If you are in Southern Ontario, call (905) 844-5883.