Q. What is the difference between “marital property” and “non-marital property”? If you have an undisputed divorce (which we do through mediation), the development of your real estate transaction contract is a leaner process. By reducing judicial intervention, we reduce the costs and time it takes to find the terms of the agreement. If one of you disagrees, the other can apply to court to apply for an amendment. The Tribunal still reserves the power to change the conditions of custody and assistance of children in the event of a substantial change in circumstances. The conditions for sped assistance may also be changed unless the MSA explicitly states that this is not the case. As a general rule, provisions for the allocation of assets and debt cannot be changed as soon as the divorce is final, except perhaps in non-disclosure circumstances. Once we have the project of your real estate transaction contract, which was developed by our conciliation meetings and that results, you enter our office and read the project. Before meeting with the Ombudsman to verify the agreement, each of you will have a draft agreement and a comfortable framework for reading the document. This is done “from the clock.” Guests arrive about an hour before their scheduled appointment and have the comfort of a closed space with the Mediator nearby. Once clients have temporarily reviewed the agreement, they will meet with the Ombudsman for a thorough audit. All forms (except “only court forms”) must be notified to the defendant so that he is aware that a divorce decision can be registered without their presence. The applicant must file all forms in court and prepare for the final judgment by default of divorce/dissolution (form 21).
During the standard hearing, the applicant is asked to provide evidence to support his application for discharge (support, real estate, etc.). The judge will review all the evidence and, in some cases, hear the evidence of the accused (if they come forward and convince the judge, they should be heard). Once the judge has decided what relief to order, they will sign the final standard judgment of the divorce. This signed document must be addressed to the defendant (if he did not participate in the oral proceedings) as well as to the letter addressed to the defendant – judgment by default of divorce/dissolution (form 21A). If the plaintiff and the defendant agree on all matters relating to their divorce (support, distribution of property, custody/assistance to children, etc.), the judge will convene a brief hearing to ensure that the parties` statements are true.