Divorce - Frequently Asked Questions!
Divorce – FAQ
1) What should I do, if I’m thinking about leaving my spouse?
a. If you are thinking about divorcing your spouse, we recommend that you attend individual and couples counselling to explore reconciliation, or individual therapy if there has been family violence. You may want to consider bringing your children to therapy as well.
b. If there’s no chance of reconciliation and you want to move on with your divorce, reach out to your family law lawyer to find out the next steps, this could include advice on arrangements for children, potential support payments, and asset division.
2) What is the procedure for a divorce?
a. We recommend making arrangements for the children, exchanging financial information, negotiating and finalizing a separation agreement, and then filing your final desk order divorce.
b. Often if negotiations fail, you should talk to your family law lawyer about mediation, or getting the help from a family counsellor. If necessary, your family law lawyer may need to attend court to obtain orders.
3) How much will a divorce cost?
a. This depends on how much conflict there is between the parties after the divorce. Our family law lawyers charge an hourly rate and work on limited or full retainers.
4) Is my spouse entitled to half my property?
a. Potentially, if the property is “family property” it may be subject to equal division.
5) Will I have to pay child support?
a. Potentially, this would depend on the income and number and age of the children.
6) Will I have to pay spousal support?
a. Potentially, this would depend on length of marriage and the difference in incomes.
7) Will I have to split my pension?
a. Potentially, you may need to split your pension from the time that you and your spouse were together.
8) What happens to my corporation?
a. If you own shares of a corporation, those shares may be considered “family property” which could be subject to equal division.
9) What happens to the family home?
a. The family home can be considered “family property” and subject to equal division.
10) What happens if my spouse hired a lawyer?
a. We recommend talking to a family law lawyer right away. If you were served with court documents, there are certain deadlines to comply with.
11) How do I choose my Vancouver divorce lawyer?
a. Choose a divorce lawyer you trust and feel comfortable with. With any relationship, you must trust your lawyer and listen and take their advice, and know they are acting in your best interest. If you’ve lost confidence in your family law lawyer, you may want to consider reaching out to other lawyers to discuss your case.
Want to learn more? Please contact us for a consultation.
The material provided in this blog is for general information and education purposes only and does not contain, and should not be construed as containing, legal advice applicable to a particular set of facts. If you require legal advice, please contact us for a consultation with one of our experienced family law lawyers.