Facing a legal situation when a family is involved is really hard. Any person dealing with such a time is prone to making wrong decisions driven by emotions, which might lead to negative consequences. This is a situation where seeking help from a professional family law lawyer becomes important. In this article, we’ll understand how professional family lawyers help you in a complex legal situation.
What is Divorce?
Divorce is the end of a marriage. In this situation, family lawyer Surrey handles the division of assets and debts, spousal maintenance, and child-related issues if the couple has children.
Types of Divorce Processes
There are two main types of divorce in Canada: uncontested and contested:
Uncontested divorce
An uncontested divorce occurs when both spouses agree on the terms of the divorce, which include custody, access, support, and property division. After agreeing on these matters, they sign the separation agreement and it is said to be an uncontested divorce. These types of divorces are usually faster and less expensive than contested divorces. Moreover, they are often handled by a desk order divorce, which means the spouses do not need to appear in court.
Contested divorce
A contested divorce takes place when the spouses do not agree on the terms of the divorce or the reason for it. In this type of case, each spouse must file their own application, and the courts and lawyers must intervene to resolve their issues. Often, these cases involve hearings and multiple appearances in court.
Other aspects of the divorce process in Canada include:
Mediation
It is a voluntary process that can help resolve issues related to the divorce, such as child custody, support payments, and property division.
Application to court
The first step in the divorce process is to file a divorce application with the court. The spouse will then have 30 days to respond to the divorce papers.
Affidavit of Service
A form that shows that the respondent was served with the divorce papers using a legal method. It must be notarized by a commissioner of oaths.
Separation
A one-year separation period is one of the grounds for divorce in Canada.
Issues that may be connected to divorce
Divorce is not just separation of the spouses; it may also impact your life in other ways. For example, if you have kids from your marriage or there are issues regarding the division of the property.
Child Custody & Support
The main purpose of family law services is to ensure the best interests of children when parents separate. This involves the determination of custody (the place where the child lives and who takes major decisions) and visitation arrangements.
Child support calculations rely on determining parental income and allocating time spent by each parent with the children. This process ensures that the child receives adequate financial backing from both parents, considering their respective financial capabilities and custodial responsibilities.
Domestic Violence Protection
Tragically, one of the issues that family law also deals with is domestic violence. Family law support helps victims to apply for restraining orders or orders of protection. These court-induced measures are established to keep the abusers away from their victims.
Property Division After Divorce
Property division can be one of the most complex and contentious aspects of a divorce. It involves determining how assets and debts acquired during the marriage will be divided between the spouses.
Property division issues may arise after divorce. In most cases, property and debts are split equally between spouses; however, there are some exceptions.
Property Division for Husband and Wife
Husband
The husband may have a stronger claim to assets that he acquired before the marriage or that he inherited. However, if the assets were acquired during the marriage, both spouses may have a claim to them.
Wife
The wife may have a stronger claim to assets that she acquired before the marriage or that she inherited. However, if the assets were acquired during the marriage, both spouses may have a claim to them.
Role of a Lawyer in Safeguarding Interests and Simplifying the Process
A lawyer can safeguard your interests and simplify the property division process. Lawyers have the expertise to identify and value assets, including complex assets like businesses and real estate. They can negotiate with the other spouse or their lawyer to reach a fair and equitable property division agreement. They can ensure that your rights are protected throughout the property division process. They can also handle the legal paperwork associated with property division, such as drafting property division agreements and filing necessary court documents.
If choose to not involve a lawyer in the divorce process, there can be risks. It can be difficult to understand the legal complexities of property division, and you may not be able to protect your interests effectively. If you are considering divorcing without a lawyer, it is important to do your research and seek advice from a legal professional.
Remember, property division can be a complex process. It is important to seek legal advice to ensure that your rights are protected and that you obtain a fair outcome.
Why do you need a family lawyer during the divorce process?
A family lawyer can offer invaluable assistance during the divorce process. You need an experienced lawyer to navigate the divorce process, especially when there are issues associated with it, like child custody of minor children, child support, division of marital debt, alimony or spousal support, etc. These issues are very serious and can significantly impact your life. One wrong decision can put your and your family’s future in danger.
A lawyer will help you keep a firm control over the issues that may impact your life instead of leaving them up to the court.
Conclusion
Family law disputes can be very emotional and stressful. A family law lawyer not only represents you in court but also stands by you emotionally when you are going through hard times. Their knowledge of family law guarantees that you and your family’s interests will be given priority for the best possible results.
