About Fairway Divorce Solutions
Do I have to be amicable with my spouse in order to benefit from Fairway Divorce services?
No, the step-by-step Fairway Divorce Process was designed to work with each spouse separately to ensure that emotions, amicable or not, are not the focus. While there may be some steps that are better handled together, your Senior Negotiator / Divorce Mediator is trained to mediate amicable and non-amicable situations to ensure that your needs are met in coming to resolution.
What is the cost of divorce with Fairway Divorce? How is this different from the traditional system?
Fairway Divorce Solutions charges a flat fee based on the complexity of your financial situation, your parenting issues and conflict.
Does the Fairway Divorce Solutions approach use lawyers / attorneys?
Family Lawyers / Attorneys are brought in at two stages in the Fairway ProcessTM. First, Divorce Lawyers / Attorneys are brought in to educate divorcing couples independently during the What is the LawTM Seminar. Family Lawyers / Attorneys are usually retained by the clients to ensure the clients get independent legal advice and prepare official legal papers for divorce. Also Fairway Divorce Solutions encourages clients to retain divorce lawyers / attorneys during the process when legal advice is required.
Can I still use Fairway Divorce Solution if there is not an office in my city?
Fairway Divorce Solution has worked with couples throughout Canada and the United States. If one or both parties are unable to meet in person, they are engaged by telephone, conference call or face to face distance communication through go-to-meeting or skype from beginning to end. No step is missed and no one person goes uninformed.
Do both parties have to use the Fairway Divorce Solutions system?
It is mission critical that both parties agree to engage Fairway Divorce mediation services. It is also important to note that once a divorcing couple chooses to engage Fairway Divorce Solutions, its team initially walks each party through the process independently, helping to ensure both parties are empowered decision makers. Fairway Divorce Solutions finally brings both parties together during the Fairway Negotiated Resolution PlanTM to conclude the process.
I’ve already started my divorce with a lawyer. Is it too late to switch over to the Fairway Divorce Solutions?
It is never too late. Fairway Divorce Solutions has a number of couples who are frustrated with the cost and emotional strain of using the traditional divorce system. The Fairway Divorce Solutions team advises divorcing couples to research and understand divorce options and choose a process that is designated to meet the needs of both parties and their children.
When using Fairway Divorce Solutions do I work with one expert? Who do I work with through the process?
At Fairway Divorce Solutions, we use a team of experts who help create a win-win resolution. Once a couple engages Fairway Divorce Solutions, senior negotiators / divorce mediators and advisers with financial expertise ensure each party moves through The Fairway Process™ smoothly. While there is an expert team working together to find resolve for each party and family dynamic, there is one negotiator / mediator who is the primary contact assigned to the couple.
How long will the Fairway Process™ take?
Fairway Divorce Solutions® aims to complete the process within 120 days from the time that all of your financial information has been provided.
Do I have to get a Family Lawyer / Attorney to Divorce?
No. However, it is highly recommended when there are assets and children involved that you do receive independent legal advice from a Family Lawyer / Family Attorney.
What is a legal separation agreement?
A separation agreement is a legally binding contract between spouses (married or common-law) or ex-spouses setting out the terms of their relationship after separation (or the decision to separate). This agreement often deals with how property (and debts) will be divided between the spouses, spousal support, child support, child custody and other issues. Further details on Separation Agreements found here.
What is a legal divorce?
A divorce is a method of terminating a marriage contract between two individuals; your divorce will give each of you the legal right to marry someone else.
Do I have to pay Child Support?
Click here to find information on Canadian Child Support.
Click here to find information on United States Child Support.
What are the grounds for divorce in the United States?
In the United States, dissolution of the marriage or legal separation of the parties may be based on either of the following grounds, which shall be pleaded generally:
- Irreconcilable differences, which have caused the irremediable breakdown of the marriage
- Incurable insanity
Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.
A marriage may be dissolved on the grounds of incurable insanity only upon proof, including competent medical or psychiatric testimony, that the insane spouse was at the time the petition was filed, and remains, incurably insane.
No dissolution of marriage granted on the ground of incurable insanity relieves a spouse from any obligation imposed by law as a result of the marriage for the support of the spouse who is incurably insane, and the court may make such order for support, or require a bond therefor, as the circumstances require.
Note: some States may have other ground rules in their jurisdiction.
*Cornell University Law School: California Family Code: Division 6, Part 3: Dissolution of Marriage and Legal Separation, Chapter 2: Grounds for dissolution or legal separation: 2310 - 2313
What are the grounds for divorce in Canada?
In Canada there is only one ground for divorce: Breakdown of the marriage. Paragraph 8 (2) of the Divorce Act states that “Breakdown of the marriage is established only if:
- The spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding; or
- The spouse against whom the divorce proceeding is brought has, since the celebration of the marriage:
- committed adultery, or
- treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses.”
The most common way to establish a breakdown of the marriage is to prove that the spouses have lived apart (have been separated) for at least one year immediately before the divorce judgment is granted and were living separate and apart at the time the proceedings began. This is, if you are using one year of separation to establish the breakdown of the marriage you can’t begin the proceeding until after the spouses are already separated and can’t finalize it until at least one full year of separation. But you don’t have to wait a year of separation to get the proceedings started.
From time to time one of the parties wants to get the divorce without waiting the year from date of separation. This can be done if adultery or cruelty can be established. Usually raising one of these to show a breakdown of the marriage will cause more upset and aggravation than it is worth. If the other side simply decides to deny the allegation you may have converted an uncontested divorce into a contested one and it likely won’t be finalized within the year anyways. Almost all divorces begun nowadays show breakdown by one year separation.
Property & Children
What are the Tax Rules for Family Law Practitioners that may be helpful?
Please click on the link for: "One Step at a Time; Tax Rules for Family Law Practitioners"
How do you protect the children of divorce?
Fairway Divorce Solutions serves to protect children of divorce from needless and destructive conflict. The Fairway Process is a practical, step-by-step, proven process that achieves divorce through a non-conflict resolve, all the while empowering each party and protecting their children, assets and dignity.
When children are in the picture, Fairway Divorce Solutions offers a comprehensive co-parenting plan, called the Fairway Nurtured Children Plan™, that outlines everything affecting caring for the children, including holidays, education, child support, etc. This comprehensive plan is designed to ensure positive co-parenting.
Do I have to pay Child Support?
Click to find information on http://canada.justice.gc.ca/eng/pi/fcy-fea/sup-pen/index.html
Do I stop paying child support on my child’s 18th Birthday?
Not always. Child support may continue even after the child is 18 if he or she is enrolled in high school or post secondary education or if he or she is unable to become self-sufficient due to disability. Generally, if the child is still in school there is a requirement that the child be attending in full time studies and making passing grades.
Can I buy a house?
It is wise to avoid making any major purchases during the divorce. Further, until the divorce judgment is granted, any property purchased may be subjected to a claim by your spouse, even if it is purchased in your sole name after your separation (depending on your jurisdiction). You should talk with your divorce Lawyer / Attorney about the timing of this purchase during your settlement.
What property gets divided?
Property is divided based on the laws in your jurisdiction. The laws will address what is considered matrimonial assets and what is exempt. Much debate and legal fees can be spent arguing these non black and white issues, so things to consider are:
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