Going through a separation or divorce can be very difficult and turn your world upside down. You will be faced with a multitude of important changes and decisions to make, during a time where emotions may be at an all time high.
Once you or your partner have decided to separate or divorce, you will need to make important decisions, such as who will stay in your home, how your children will be cared for, where they will live, and who will be their decision-maker. You will also have to make decisions as to financial support, including child support and spousal support, as well as how you will divide your assets. The thought of having to make these decisions can be overwhelming.
An expert in family law can reduce the fears and anxiety associated with your separation and divorce. At GVE, our family law team approaches each situation with empathy, honesty, and respect. We understand that every situation is different. We will take the time to understand your goals and concerns. You will be met with approachable, kind, and knowledgeable professionals that will support you throughout the separation and divorce process.
General information on separation and divorce is available below. To learn more, please communicate with any member of our Family Law Team.
If you and your former partner have agreed on the issues, a lawyer can draft a separation agreement to reflect what has been agreed upon. A separation agreement will be a faster and less expensive way to settle issues without going to court. A separation agreement may include details such as living arrangements, spousal and child support, division of assets, and parenting arrangements.
If you and your former partner cannot agree, you may need to file a court application. The court process takes time and can be very expensive. There are other options available to help you settle disagreements without going to court, such as mediation, arbitration, mediation-arbitration, collaborative family law, and parenting coordination. All of these processes are called alternative dispute resolution (ADR).
Your expert in family law will be able to discuss the available options and help you determine which process will best address your family situation.
If you are married, you do not get a divorce by signing a separation agreement. To legally divorce and end your marriage, you must apply for a divorce order from the court.
You have 6 years from the date of separation but only 2 years from the date of your divorce to make a claim for dividing property.
Do I need to get a divorce after my separation? No, you do not have to get a divorce if your marital relationship is over. Some married couples separate and never divorce. Others get a divorce only when they want to marry someone else. However, it is important to know that there can be complications if you do not divorce your first partner and are in a common-law relationship with someone else. As your ex-partner continues to legally be your spouse, your ex-spouse will continue to be the beneficiary of your estate, unless you sign a legally binding separation agreement addressing this issue and you update your will, or obtain a divorce.
If you are married and want to legally end your marriage, you must apply for a divorce order from the court. If you and your former partner both agree to get a divorce, this can be done by filing a joint divorce application. If your former partner does not want a divorce, you can apply for one yourself. If your former partner does not respond, your application will proceed uncontested. If your former partner responds and disagrees with the divorce request, your application will proceed as a contested court matter.
To learn more, please communicate with any member of our Family Law Team.