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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 06-03-2006, 11:30 PM
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Default Help...where do I start?

I haven't even told my husband yet, but I want a divorce. We've been in counseling for almost a year now & it just isn't going to work. It's just not.

Where do I start now? I don't have a clue about getting a divorce. I'm not even sure how to find a good lawyer. Do we both have to have one? What if he agrees to the divorce? Do we still have to have 2 lawyers? I'm not sure how this works. We don't have kids. We don't really have much to divide up.

Help. I don't know what I'm doing here. Thanks for any help you guys can offer.
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Old 06-05-2006, 12:28 PM
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Location: Ottawa, Ontario
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Hi dazedandconfused,

Welcome to the forums!

Although neither of you are required to retain counsel, it may be a good idea depending on the situation.

If you think your divorce will be uncontested with divorce as the only claim, you really don't need lawyers involved. If you choose to do the entire uncontested divorce yourself, you will be looking at $466.00 in court fees, and some additional fees towards dispursements. You may also hire a lawyer to draft the documents for you. Costs for this kind of service vary, but our divorce kit service will give you a good idea. If you are a resident of Ontario, please visit this link for more info.

If there are outstanding issues that must be negotiated before obtaining a divorce, such as spousal support, division of property, etc., you may want to retain a lawyer. It is, however, possible to do this on your own. At the very least I think you should consult with a lawyer to find out what your rights and obligations are. It sounds as though things are fairly straightforward in your situation however, so I don't think any negotiation will be necessary.

As far as breaking the news to your husband, you know him best. Generally, I think the best approach would be to sit down with him and talk about moving forward with your lives. If you are worried about him not wanting to participate in the divorce, a simple uncontested divorce would only require him to accept service of the application. You would be doing the rest of the work. With a joint uncontested divorce, both parties must participate. Please check out this thread for more details on the differences between a simple and joint uncontested divorce.

I hope everything works out. Good luck, and keep us updated!

Lindsay
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