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Divorce is possibly one of the most stressful life events you can go through, and one that can have a major impact on your family and finances if it isn’t handled correctly. The divorce process will end your marriage. You can only get a divorce if you’ve been married for at least one year.
In a big way, then, what you want from a divorce lawyer is someone who can minimize the stress of the situation while still representing your legal interests to the best of his or her ability. Here are a few attributes that you can use to find this type of lawyer.
Divorce is a federal matter, however the residential province of the party seeking the divorce is relevant to determine jurisdiction. The Constitution of Canada gives the federal Parliament exclusive jurisdiction to regulate the law of marriage and divorce:
‘A court in a province has jurisdiction to hear and determine a divorce proceeding if either spouse has been ordinarily resident in the province for at least one year immediately preceding the commencement of the proceeding.’
The family justice system exists to help families avoid disputes as far as possible but also, if disputes or problems should arise, to enable them to resolve those problems quickly and with the minimum of pain caused to those involved. The family justice system is the legal machinery which applies to the regulation of disputes concerning the family or between members of the family and the province. It encompasses both the court system and wider ‘dispute resolution’ services.
It may be divided into two broad domains
Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Currently, the five possible grounds for divorce are adultery, unreasonable behaviour, desertion, living apart for more than two years (with agreement) and living apart for more than five years (without agreement). Divorce is a very personal matter, and this can make choosing your grounds challenging, particularly if neither party wishes to assign blame. The closest grounds to no-fault divorce available in Canada is living apart for two or five years, and this is far from practical in most cases.
There are three main options for ending a marriage legal separation, annulment or divorce. While a divorce legally ends a marriage, an annulment declares the marriage null and void, as if it never existed. The end result is the same for both options the parties are each free to marry again.
Legal separation: A legal separation does not officially end a marriage. The parties are still legally married and cannot remarry or enter into domestic partnerships with others. A legal separation is granted in the form of a court order. In cases where children are involved, a court order of legal separation often makes child custody arrangements, specifying sole custody or shared parenting, as well as child support.
Annulment: An annulment is a legal procedure that cancels a marriage. An annulled marriage is erased from a legal perspective, and it declares that the marriage never technically existed and was never valid.
Divorce: A legal dissolving, termination, and ending of a legally valid marriage. A divorce ends a legal marriage and declares the spouses to be single again. After a divorce becomes final, the parties are no longer legally bound to one another, and are free to remarry or enter into a domestic partnership with another person.
While a divorce can be a challenging process, there are four primary issues in divorce that must be addressed. ADR may prove to be a beneficial tool in resolving your divorce and related issues, depending on factors such as 1) the degree to which you and your spouse are in dispute on key issues, and 2) your willingness to work together to resolve those issues.
A family law firm who’s regularly in the press, handling the most high profile cases could well be a divorce lawyer who rides roughshod over the legal process. Not to mention the feelings and emotions of their clients and their families to gain exposure for themselves, often at great expense to their clients.
Our experienced family lawyer can help you with a divorce, annulment, child custody and access, child support, spousal support, division of property and common law claim. When necessary, our clients trust that we will vigorously represent their interests in mediation or litigation. Our lawyers value the importance of keeping informed about new developments in family law, and in turn our clients benefit from our extensive, up-to-date knowledge and resources.
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