There can be numerous reasons of a marriage breaking apart. No one gets married to split up later, but staying in a stressful and suffocating relationship can ensure excessive damage to a person’s mental and physical health. Many people find themselves helpless and deserted in a situation where their marriages do not turn out how they imagined.
First Phase of Filing for a Divorce
The primary and foremost thing to do once you decide to file for a divorce is to educate yourself and collect as much information as possible regarding divorce, its proceedings, and the laws followed in your state since each state has its own grounds on which a divorce is finalized. That’s where consideration towards hiring a divorce lawyer should be taken.
After attaining basic knowledge concerning a divorce, you can file for it. It is best to consult a local Kelowna divorce attorney before filing your divorce application.
Proof to Apply for Divorce
In order to legally apply for a divorce, the Canadian law demands proof that your marriage has completely broken down and there are no chances of amendments left. It may take a year to finalize the divorce in the Canadian court of law.
Possible Intricacies to Handle During Divorce Proceedings
When going through a contested divorce where you and your partner do not come to a mutual agreement with each other about distributing the assets or concerning the parenting preferences, several complications may occur, which may be handled only with the assistance of a reliable divorce attorney. Some of the issues are highlighted below.
According to Canadian law, marital property has to be shared evenly between spouses. Since marriage is an equal relationship, the property acquired throughout the marriage is divided equally between the partners. If a property was brought into the marriage, then only the value which increased during the marriage is distributed.
Property distribution gets complicated depending on the amount of assets a couple owns. Generally, the equal distribution rule is followed, but there can be exceptions depending on the intimate family affairs of each couple. The matrimonial house can be owned mutually as long as the divorce proceedings or one-year separation period is under process. To best understand and tackle these situations, legal assistance is of vital importance.
Justifiably, the biggest concern of any divorcing couple is children and their parenting. The Canadian court follows the framework of ‘best interest of a child.’ Commonly, parents agree on joint custody of their children and come to a mutual agreement with each other. Their settlement is appropriately documented in a lawfully binding separation contract.
In a few cases, one parent demands the sole custody of the children. In such a situation, many aspects are considered and the verdict is made by a court of law. A Canadian court considers the parent-child relationship as one of the most important bases for any decision. A parent’s financial status and mental and physical health are also considered. To get through this situation with a favorable outcome, it is in the best interest of the separating parents to seek legal assistance.