Must Know Things About Divorce and Legal Separation in Canada

A legal separation can be a wonderful thing for both parties. However, it is also not something to be used as an immediate starting point for a divorce proceeding. Legal separations shouldn’t be used as an automatic precursor to a divorce, since the time, effort, and money that go into a legal separation often compare the time, effort, and money for a divorce. However, you can file for divorce following obtaining a legal separation from your spouse.

What are the primary differences between a legal separation and a divorce?

Well, one important difference is that after you file for divorce, you aren’t divorced immediately. This means that you may have time to get your divorce finalized and start to have changes made to your property, finances, etc. before the legal separation has ended. And while you’re in the process of obtaining a divorce or waiting for the proceedings in your state to finish, your spouse isn’t legally divorced from you and can still have joint possession of your home and other property (if he or she was the legal owner).

How do I file for a divorce and legal separation?

In most cases, you will file for divorce only if you think there’s no other choice. You and your spouse must be able to agree on the terms of the divorce, the child custody, child support, visitation, and any other issues of concern. Then, after you file the petition with the court, you and your spouse must appear before a judge to testify about your marriage. If either party is uncooperative, that judge may enter a summary of findings of fact, which is a written version of what happened during the hearing. From there, you and your spouse must decide on an agreement in which to divide your belongings, properties, liabilities, debts, etc.

Child Support And Custody – What Does It Mean?

What Parents Need to Know About Child Support and Custody?

When it comes to custody issues and financial matters, Canadian family law firms will advise me on the best way to approach these topics. The most important thing, however, where you should begin is to determine whether or not their child support is paid regularly and how much is paid by the custodial parent. If you’re looking for the ins and outs of child support and custody, here are a few of the facts that may prove useful.

Child support and custody are dealt with differently in Canada than they are in the United States. The divorce laws in Canada are considered to be settled property in Canada, which means that the family law courts take a “one-party” view of these issues. With regard to child support, the Court will consider each spouse’s earning ability, any applicable work incentives, and the other parent’s living situation, and will award a monthly amount to the custodial parent, or parents, depending upon their ages and financial circumstances. For many people, the idea of submitting monthly child support payments is repugnant, since it seems that the only people benefiting from such payments are the custodial parents.

However, many people do find the provision of periodic payments to be beneficial, particularly if they have a young child who needs constant attention and protection. The Court may also take into consideration the income of each parent when determining the payment amounts, taking into account any pension or insurance benefits, etc. The amount of child custody will also be determined between the parents and can be reviewed if the children have moved or the other parent has an additional income. Generally speaking, a greater percentage of support will be awarded to the custodial parent as compared to the non-custodial one. For instance, if a child custody agreement includes provisions for holiday time with the other parent, the Court will generally grant a greater holiday time allowance to the custodial parent than the non-custodial parent.

How Family Law Attorneys Can Help?

Divorce is often a very emotional and messy topic, and even though people are often glad when they finalize their divorce, there are still many reasons why individuals choose to file for a family and divorce lawyer assistance. These may include but aren’t limited to; separation of the couple because of marriage breaking up; custody issues; financial issues; adultery; or child rearing issues. It’s important to be represented by a family and divorce lawyer who can best represent your needs as a client. Hiring an experienced family lawyer means that you will have a legal representative who is knowledgeable of family law in Canada and has a proven track record of representing individuals, couples, and even businesses.

When dealing with the intricacies of family law in Canada, hiring Lydia Moritz Lawyer – a family lawyer who has experience can mean the difference between losing or winning your family law case. Attorneys who specialize in family law have studied extensively the many laws pertaining to family and divorce issues. They have the ability to use their knowledge to interpret precedents set in past cases as well as applying relevant laws in today’s day and age. Furthermore, attorneys specializing in family law cases have access to the latest information on family law in Canada and the types of issues likely to be litigated. For example, there are differences when it comes to spousal support in Canada. This means that if you or your spouse has filed for bankruptcy or a similar financial distress and now wishes to void your marital status, family law lawyers can help.