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It is law that you have to be separated for one year before you file for divorce so my quexstion is.......after the year how do you file what is the procedure and cost?

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slubberdegullion

You can see a lawyer to have the documents drawn up anytime, even before a year, but they can't be served to the other party until a full year is up.

 

Cost depends on the situation. If it's an amicable separation and all the assets are already distributed and there are no kids or custody issues involved (a lot of ifs, I know) then you will probably end up spending about $2500 to $3000. The more involved the split, obviously the more expensive the fees.

 

There are also lawyers that specialize in collaborative divorce. While you and your ex each have legal representation, a collaborative settlement keeps it out of the courts and is generally less expensive than a legal suit.

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We aleady have a separation agreement in place and all the assets etc have been split up.I am wondering how the actual "divorce" papers work after the year is up

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You can finalize everything before the end of the year. You dont need to wait until the year is up to decide who gets what. You are just not legally divorced until the end of the year. I spoke with a lawyer, my ex got a lawyer, we discussed everything, put it down on paper, both of us signed. Now we wait until the end of the year before it goes across a judges desk and they stamp the papers.

 

As for cost, it depends on how amicable you and your ex will be. It cost me 4k for my own lawyer. I dont know how much he paid. And that's with a few calls back and forth between my lawyer and his and me. I'm a little ticked off because my lawyer said that if we were agreeable to everything it would have only costed us 2k. But i guess when your lawyer simply talks to you on the phone saying papers arrived they ding you. *shrug*

 

If my exh and i were NOT amicable it could easily go up to 10k+ in no time. My lawyer advised me to keep 10k in mind when negoitaing with the ex. ie, be prepared to take a loss less than 10k because to fight it, it could go up to 10k easily.

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If it's all cool between you and your STBX then go to a divorce service or a book store for a divorce kit and avoid the liars, er I mean lawyers. It'll save you thousands.

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If you are both happy with the arrangement I think there is a kit on-line that you can use. I'm not sure if you need a lawyer to register the divorce though or just have them notarized. Call your provincial justice department they will tell you.

 

Something tells me that a friend got one done a couple of years ago for between $500-800.

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