Monday, March 28, 2016

Family Law Lawyers Clarify Intricacies of Divorce in Canada


Canadian Divorce

While Divorce in Canada is not that different from other countries, skilled family law lawyers can help anyone navigate the smallest details of any divorce situation. Moreover, having your own lawyer can help make sure that the whole divorce process goes as smooth as possible. This is an emotional time for both parties and having someone there to facilitate and organize everything is a unique relief and during a difficult time in a person’s life.

While divorce is about the separation of husband and wife, there are many details that must be discussed and ironed out. In truth, it is not just the two parties that are affected. In most cases, one has to consider property division, prenuptial agreements, and of course if the couple already have children. Among their responsibilities, it is the needs of the kids that must be a priority. 

There are also grounds for divorce that must be adhered to before applying for it in Canada. The Divorce Act states that the failure of marriage can only be established if the married couple is no longer living together or have remained apart for at least one year, or if one of the spouses committed adultery or inflicted physical or mental harm and cruelty to the other making it an unbearable situation for the injured party and living together is no longer possible.

The whole process of divorce can be a long and arduous experience. Additionally, the whole procedure, the paperwork and the way it is administered can vary depending on your location or province in Canada. The rules and forms for divorce applied in Ontario will be different for those in Manitoba for example. While an individual can definitely complete it by themselves, it can get confusing and stressful. This is why many applying for divorce do not take on this task on their own and seek the expertise of a divorce lawyer.

Child custody is one of the most complicated and emotional aspects when getting a divorce. Canadian courts will always focus on one thing, the best interests of the children. A common misconception is that custody automatically falls on the mother. The court will look into many different factors when determining custody. This includes the relationship and bond of the child with either parent; the mental and physical health of the parents and of course, the personal preference of the child. It doesn’t end here though. There are multiple variations of child custody arrangements and only a competent lawyer can guide you through what’s best not only for your situation but also for your children.

There are many different details and intricacies a person must know before finally filing for divorce. It will not only affect your personal life. But will also affect your closest loved ones. It is important to move the process along as swiftly as possible to minimize any additional physical and emotional stress brought on by this complicated aspect of one’s married life. The best way to do this is by seeking the assistance of family law lawyers in your area and utilize their expertise to find the best possible outcome for you and your family.

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