Lethbridge Divorce Lawyers

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So you and your spouse have irreconcilable differences, and the only solution is to end your marriage. With divorce being so common these days, it might seem like there’s nothing to it — especially if you’re friends with other recently separated couples. In fact, getting divorced can be a long, expensive and emotionally draining process for many people.
However, if both partners are amicable and able to come to a mutual agreement on child custody, spousal support and division of assets, the divorce process in Canada can be much less complicated than most people think. Despite how complex the divorce process may feel at times, there are several simple steps that any married couple considering ending their union can take to make things as easy as possible on themselves.

What is divorce in Canada?

When a married couple decides to permanently end their relationship and responsibilities to each other, they file for divorce. There are many factors to be considered when filing for divorce, including child custody and child support. Whether to file for divorce can be a difficult decision, so it can be helpful to understand the process.

Divorce vs. Separation in Canada

Divorce vs. Separation in Canada At some point in the lives of many couples, there comes a realization that the relationship is over. While the decision to separate from one’s spouse may come suddenly, the process of ending the marriage can be drawn out and complicated. There are many factors to take into account, from the division of assets to the custody of children. There are two main ways to end a marriage in Canada: divorce or annulment. These two methods of ending a marriage are similar in many ways, but there are also significant differences between them.

How to file for divorce in Canada?

The first step toward a new life after divorce is filing for it. The person who files the claim is called the applicant, and the other party is the respondent. The applicant must show proof that they have the authority to file on behalf of the respondent. In some cases, a divorce proceeding may be filed without the knowledge of the other person.

Who gets what after divorce in Canada?

The division of assets is one of the most important decisions that come with a divorce. There are a few different ways to divide assets after divorce in Canada.

Where to go from here?

When it comes to divorce, there are many details to consider and many decisions to be made. While there is no way to make divorce easier, there are ways to make it less stressful and to get through it as quickly as possible. The first step is to know your rights and understand the divorce process in your province. From there, you can make sure everything runs smoothly and keep the process as stress-free as possible.

Divorce related issues in Canada are dealt with by the Divorce Act. The very basic element when seeking a divorce is for the spouse/s to prove that the marriage has fallen apart and there are irreconcilable differences between the spouses.

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Following are the detailed reasoning based on any one of them either of the spouses can apply for a divorce:

  • There has been separation between the couple for a year or more with the intention or thought that the relationship is over (this is by far the most common reasoning for divorces in Canada); or
  • either of them has had sexual intercourse with a third party and has not been pardoned by the spouse for this act; or
  • any of the spouses has physically or mentally tortured (including violence and mental anguish) the other leading to a situation that it is unthinkable of being together with such spouse.

In respect of (a) above, separation does not imply that the spouses need to be living in separate abodes. Separation may be effective even when spouses are living together in the same house for multifarious reasons, for example, monetary reasons or for the benefit or well being of their children until they attain the age of maturity. Any of the spouses can apply for a divorce based on any of the foregoing reasoning if the marriage took place in Canada or any other country; hence one need not be a Canadian citizen to apply for a divorce in Canada.

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Whether your divorce is contested or uncontested, divorce is a very difficult and emotional time. Rated as stressful as a death in the family, it’s often a very stressful and heated time. A divorce attorney can ease a great deal of stress by advocating in the best interest of the family, including minor children.

Mediation is an outside service provided by the court. Mediation counselors are neutral third parties whose responsibility lies in helping both sides agree on a contested matter. Mediation may be required depending on the status of the divorce and the ability of the parties to resolve matters outside of court. Your divorce attorney can work with the court to schedule, set and get an order for mediation services – often saving you a great deal of frustration and money.

Hiring an experienced lawyer is essential for knowing your rights, and your children’s rights within the context of the law. Lawyers are knowledgeable about alternate methods for achieving positive outcomes. Retaining a lawyer to protect the best interests of your family and safeguard the family’s interest within the constraints of the law is imperative to protecting the well-being of your children and family.