Frequently Asked Questions About The Divorce Process In Canada

When it comes to family law matters, like divorce, separation, property division, and other issues, it can be extraordinarily stressful and emotionally disturbing for all parties involved. For parents with children, it can be even more challenging to navigate family law matters, including child support, child custody and access, visitation, and more. That’s why you must have an experienced family lawyer on your side to help you navigate through the legal process.

We will now provide answers to some frequently asked questions regarding the divorce process in Canada to help you better understand various aspects of this process.

How Long Will My Divorce Process Take?

Every divorce case is unique and takes an entirely different amount of time, depending on your circumstances. Important factors include how many issues you or your spouse will contest on and how quickly both of you can come to mutual agreements.

The most common factors that affect the legal divorce processes length include your cooperation with your spouse and vice versa, mutual honesty about current assets, openness to negotiating, and a willingness to make necessary sacrifices.

The more evasion, stubbornness, or hate either of you show to each other, the more it will hurt the legal procedure, cause you more stress, and cost you both increased amounts of time and money.

How Can A Divorce Lawyer Help Me With My Case?

When it comes to the legal divorce procedure, you cannot ignore the increased significance of a qualified and experienced divorce lawyer. Not only can they navigate and guide you through all the necessary steps during a divorce process, but also provide you with rational, neutral insight, which is vital in such an emotionally charged circumstance.

Having the right family law legal counsel by your side when resolving complicated family law matters can make a significant difference in attaining a successful and favourable resolution to your family law issues.

Which Assets Are Included In Property Division During Divorce?

The division of assets act varies from one province to another throughout Canada. Property division is one of the major issues recently divorced couples need to resolve. It’s best to consult with a dedicated marital property division lawyer who completely understands complex problems that could arise when attempting to divide marital assets during the legal divorce process.

Matrimonial division of assets can include the following essential assets that could be divided equitably between divorcing partners:

  • Family businesses
  • Money in joint bank accounts
  • Real estate, like a marital home
  • Family farms, vehicles, jewellery, furniture
  • Pensions and even investments, like RRSPs
  • And More

Why Should I Get A Separation Agreement Instead Of A Divorce?

A separation agreement can be beneficial for you as compared to obtaining a divorce. A divorce is more of a permanent solution to a family law problem, which you can sort out with a temporary solution, such as a separation agreement. An appropriately drafted separation agreement provides you with enough time and financial stability to think about making such a significant decision in your life.

Separation is also the most frequently used divorce basis as the other two divorce bases in Canada (adultery and cruelty) are often hard to prove.

Peak Callihoo Bergsma & Associates is a leading family law firm that assists families with successful settlement of various family law matters in Edmonton and its surrounding areas. We help families resolve family law issues, including divorce, child custody and access, family violence, division of assets, separation and prenuptial agreements, and more.

Visit our website to learn more about our legal practise areas or contact us for legal consultation.

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