Separation vs. Divorce in Ontario: Pace Law Firm Explains the Key Differences

Sep 23, 2024

Separation or divorce can be a life-changing decision. Contact Pace Law Firm (1-877-236-3060) for experienced guidance and to learn about your rights in each option.

If you and your spouse are considering parting ways, but aren't sure if separation or divorce is the right path to take, Pace Law Firm has some information that might help you make your decision. The Toronto-based law firm breaks down the differences between separation and divorce and explains how its lawyers can help you protect your interests while keeping things civil between you and your spouse. Whether your priority is safeguarding your assets or figuring out who gets custody of your kids, the guide is a good entry point into how the process works.

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What Is The Difference Between Separation & Divorce?

The terms "separation" and "divorce" are often used interchangeably, but according to Pace Law Firm, they have distinct legal and personal implications. The basic difference between a separation and a divorce is that a divorce requires a court order while a separation does not. In most cases, parties are considered “separated” when they are physically apart from one another and living in different homes; however, in some instances, parties can be separated while living in the same house.

“Separation and divorce can be very difficult and uncertain times for the parties involved and their families,” explained a spokesperson for the firm. “Knowing your legal rights can help make the process less stressful and more amicable.”

What Happens During A Separation Versus A Divorce?

During a divorce, parties legally terminate their marriage, divide their assets and debts, and establish custody arrangements if children are involved, all of which Pace Law Firm can negotiate, mediate, and arbitrate if needed. With a separation, the parties may still create formal agreements dividing assets, debts, and custody, but the marriage remains intact, so reconciliation is always an option. There are also several financial and legal benefits to choosing separation over divorce, such as maintaining health insurance.

Are Divorces Ever Denied?

Pace Law Firm notes that while their lawyers always do their utmost to provide timely, strategic, and cost-effective representation, there are instances where courts will still deny a divorce. Collusion, connivance, condonation, and lack of reasonable arguments are the most commonly cited reasons.

“We regularly assist clients in the negotiation and drafting of family law-related legal documents and agreements, such as Separation Agreements,” said the spokesperson. “Our experience with the Alternative Dispute Resolution (ADR) process is extensive and throughout proceedings, we aim to ensure your legal rights and interests are protected.”

Separation and divorce are two scenarios you should never have to go through alone. When you hire Pace Law Firm, they will be by your side every step of the way, providing useful and empathetic advice at every hurdle. Click here to schedule a consultation today.

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