Dealing with separation and divorce in Kamloops

Ending any relationship, whether a common-law relationship or a legal marriage, can bring both emotional and legal challenges.  No matter your exact situation, you will be better equipped to deal with your separation or divorce in Canada if you obtain the legal advice of an expert first. 

Statistically, 50% of marriages end in divorce.  Common-law relationships tend not to fare any better.  If you are one of many Canadians going through a separation or divorce, you need expert advice you can trust.  Qualified family law lawyers can help you through this difficult time by lending you the advantage of their years of training and experience.

Finding the right divorce attorney for you can be difficult.  Use this website to learn a little about divorce law in Canada.  Then use the search function at the top of the page to help you find an experienced divorce lawyer in your area.  Rest assured, this lawyer referral service is free of charge. 

Divorce in Canada.

Why do you need a family attorney? The laws relating to separation and divorce in Canada can be complex and vary from province to province.  Marriage law and divorce law in Canada is federally governed.  However, each province has its own laws dealing with issues such as child custody and property division, which tend to arise during a divorce or separation.

If you are considered by the courts to be legally married, then you will need to obtain a divorce.  If you were in a common-law relationship, then you do not require a divorce. 

A lawyer can help to minimize the amount of money, time and effort expended on this process and can make your divorce as painless as possible by making sure that everything is done properly the first time.

Call a divorce lawyer today to find out if you need a divorce and what steps you need to take to obtain one. An experienced family law attorney will provide you with the legal advice you need to confidently make decisions that will affect your life and your family for years to come. 

Children and divorce.

The presence of children can add an additional dimension of pain and complication to a divorce or separation.  Parents want what’s best for their children. But sometimes, amid the turmoil of a divorce, it can be hard for parents to figure out what is best for their children.

A family lawyer or family law firm in your area can help you resolve any issues related to child custody and access or child support.  Our lawyers will make sure that you stay involved in your children’s lives.  They recognize the importance of protecting children and will not allow them to be traded or bargained for. 

Property division and spousal support.

Many people feel trapped in a bad marriage for financial reasons.  Maybe you stayed at home to look after the children and haven’t worked outside the home for 20 years.  Maybe the family home is in your spouse’s name and you are worried that if you leave, you will have no financial resources to start a new life. 

An experienced divorce lawyer can advise you on your rights and obligations with respect to spousal support and the division of property.  Consulting a lawyer does not oblige you to proceed with a divorce or separation. 

Property division is a complicated area of law.  It can differ between provinces and for married and common-law couples.  You want to be fair to your spouse and children, but you want to be treated fairly too.  Your lawyer will look out for your rights and negotiate on your behalf, while ensuring that any agreement reached is fair to all parties.

Marriage or separation agreements.

Family law lawyers are invaluable in the negotiation and preparation of marriage, cohabitation or separation contracts. 

Marriage or cohabitation contracts are made between two parties at the beginning of a relationship (or sometimes after a relationship has been established for years).  These agreements provide the parties with the certainty of knowing what would happen to each of them if they did decide to split up.  This certainty can allow spouses to make decisions with confidence during their relationship (decisions such as quitting a job, retiring or moving to be with a spouse).

Spouses form separation agreements after they separate.  A separation agreement sets out the rights and obligations of each spouse and how those rights and obligations will be met. 

If you can negotiate an agreement with your spouse, this can save you a lot of money in the event of a separation or divorce.  However, it is important that a family law lawyer is involved in preparing the agreement to ensure that it is done properly.  Too often, spouses think they can prepare their own agreements and end up spending time and money in court arguing about whether the agreement is fair and valid.

Do I have to go to court?

You do not have to go to court in order deal with the issues arising from your separation or divorce.  In fact, it is in everyone’s best interest if your case does not go to court.  If you and your spouse are able to agree with respect to all issues of child custody, support, and property division, then you are very fortunate.  A family law lawyer can help you to draft a contract that accurately reflects the agreement and protects everyone. 

If you are having trouble reaching an agreement with your spouse on certain issues, a lawyer can advise you about the suitability of mediation, negotiation and other alternatives to going to court. 

How your divorce lawyer can help.

Our divorce lawyers understand that this is a difficult time for you.  They will strive to minimize your stress by providing you with the best legal advice and representation possible. 

If you choose to work with one of our family lawyers, they will endeavour to:

• Treat you attentively and with respect.
• Keep you up to date on the progress of your case and answer any questions that you have.
• Protect your rights and interests.
• Negotiate rather than litigate, whenever possible.
• Negotiate the fairest settlement possible on your behalf.
• Tenaciously litigate on your behalf, if necessary.

Contact one of our experienced divorce lawyers today and get an expert on your side.