Contested Divorce

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CONTESTED DIVORCE

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It is not always possible to resolve matters amicably. In order for the parties to agree to a Separation Agreement both of them have to cooperate in the process in good faith. The best intention of one person is not enough and so where there is a lack of cooperation and/or a lack of a desire to resolve things amicably parties end up in court, even if they don’t want to.

The Petition – In order to get a Final Order and/or a Divorce the person who wants to move forward files a Petition. From that point forward they are the Petitioner and the other party is the Respondent. The Petitioner asks for all of the relief that they may need, such as parenting arrangements, child support, spousal support, and division of property.

The Answer – The Respondent has an opportunity to respond to the relief sought. Their Answer states what relief sought in the Petition is in agreement, what is not in agreement and what relief is sought by the Respondent.

Case Conferences – Case conferences are a form of judicial mediation to see if they can help the parties reach an agreement without the need for litigation. Typically a case conference is needed before any further steps can be taken. For the most part you are allowed up to 3 case conferences before the matter is set down for trial. If the parties can come to an agreement it is either reflected in a Separation Agreement and/or Final Order and set down for an Uncontested Divorce if the parties are married.

Motions – Motions, or interlocutory proceedings, are like mini trials leading up to the main trial. Motions are often needed to deal with issues that cannot wait until trial, which can be years after the Petition is filed. Common topics for motions include interim access, child support, spousal support, and holiday time.

Trial – If it is determined during the case conference process that the matter simply cannot be resolved by way of agreement then the matter is set down for trial. In order to prepare for trial there will be document exchanges, cross-examinations, calling witnesses, legal research and general preparation. At trial the judge will hear from the parties and their witnesses, hear arguments from counsel and make a determination of the matter which becomes a Final Order.

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Please complete the form below to request a free family law consultation with Visionary Law. We will contact you as soon as possible to schedule an office visit. Information shared with our office in this form and during our consultation is and will remain private and confidential.

 

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Beyond my expectations.

When looking for a lawyer, I wanted someone who not only was good at their profession but also someone who truly listened. Lillian became invested in me and my situation from the beginning. Taking on a unique situation of a break up where the other party wouldn’t leave. She offered advice both legally and personally to me. Beyond anything I had experienced with a lawyer before. When I needed a lawyer, she took the time to listen to me. Not only discussing my options but also giving me clarity and hope. Lillian is an amazing lawyer and an incredible giving person. I’m so glad I found her as she had my back when I truly needed it. In the most stressful time of my life, she cared as a professional and as a person. She is my lawyer for life. Thank you Lillian for all your expertise, knowledge and caring! Ms. C

– Candace C.

Honest, high quality service.

Needing to access a lawyer for Family Law for the first time was an emotional experience. Visionary Law Corp provided a safe supportive environment. I appreciated the honest and high quality service managing the challenges and resolving issues on the road to finalizing my divorce.

– Jennifer P.

Professional, innovative, comforting.

For five years Lillian and her team were there to walk me through my divorce despite the dragging heels of my ex. Finally done due to some smart thinking on Lillian’s part, it must be said that I always had a listening ear and felt comfort and support by everyone at Visionary. I may need to drop in for coffee just to keep in touch.

– S.B.

Easy to communicate with.

I first talked to Lillian Mac Kenzie on the phone when I was”shopping” for a separation/divorce lawyer.I chose her to represent me because I found her easy to communicate with from that very first phone call. She immediately understood that my ex and I were on good terms and just looking to split everything fairly. I always feel comfortable asking her questions.Even though she may not always agree with me,she explains the consequences clearly and respects my decisions.

– Cathy G.

I’ve never really participated on writing reviews but I feel that this one is a must to do as I was very pleased with their service. Miss Lilian Mckenzie was the one that helped me with my divorce and when I sold my home. I was very happy with the outcome . Not only she is intelligent she is also attentive, compassionate and easy to talk too. I filed my divorce paper with her in January and by May Igot my divorce certificate. A big lift off my shoulder. Her price was very reasonable too., thats why I asked her to look after the selling of my home and that’s done in a peaceful manner as well. Her assistant Elsa is great too. Every person that answers the phone in her office is very helpful. Therefore I highly recommend that with any legal matter call Lilian from Visionary Law. THANK YOU SO MUCH LILIAN AND ELSA!!!!!!!!

– Rose D.

Professional and very helpful advice.

A friend of mine referred Lillian to me as I was going through a divorce. He spoke very highly of Lillian and her staff. I contacted her to schedule a meeting. I was very impressed with her and her staff. I was hoping to have this stage of my life completed so that I could get on with adapting to the new changes and getting on with the rest of my life. This was a very trying time for me both emotionally and physically. From the first meeting to the signing of the divorce papers, Lillian and her staff were friendly,very professional and understanding. I always felt that they cared about me and my interests. Would I do anything different? No! The divorce was done in a timely fashion and it was treated with a very high level of attention to all details. I have gone back to Lillian and her staff when I purchased my house and created a Will.

– Joseph P.

I really really appreciate the co-operation.

Back in December 2017, when no one agreed to take my case, just because I was out of town. I came across Visionary Law Firm via internet. I requested for free consultation, which shed half of my burden when they told me there is no problem being out of town. I desperately needed divorce because being in that relationship was troubling my mental health. Kylee, Elsa & Lillian helped me a lot a lot! legally & emotionally as well. They listened to me very carefully, which I much needed that time. I’d like to Thank the team for getting me out of the mess so easily. I really really appreciate the co-operation & all the work they did for me, saving me the trips as well. I’d highly recommend Visionary Law Firm for the people who need someone to help in their legal matters without the excess stress. Thanks once again guys!

– Norm J.

Smart, Informative and Honest.

Lillian is a smart, informative and honest lawyer. She has a wealth of knowledge and takes the time to explain things for you. Lillian took care of my separation agreement and divorce. During that difficult time, she was there when I needed her most. Although lawyers can be expensive, Lillian is definitely worth it and not to mention, things are being handled properly. I would recommend Lillian to anyone!

– Lara C.

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109 – 383 Provencher Blvd.
Winnipeg, Manitoba R2H 0G9

Manitoba Courts are reopening (May, 2020). We continue to serve you safely and diligently (see updates here). Please call 204-515-6020 or fill out a 30 minutes free consultation form.