Separating fact from fiction in the divorce process

On behalf of Peterson Stark Scott posted in Divorce on February 6, 2020.

There are all kinds of misconceptions about what divorce is and what it isn’t. One thing is for certain — divorce isn’t easy, but knowing fact from fiction when it comes to the process in British Columbia may help couples get over any hurdles they might face. The first thing to understand is that Canada has a no-fault divorce system, so the adultery card generally doesn’t play a part in deciding on matters like child custody or property division.

Another misconception for many is that if a spouse won’t sign divorce papers, the divorce can’t happen. That’s not so. An individual can apply for divorce if the grounds for divorce have been met, which includes living apart from a spouse for a year or more. When it comes to couples in a common law union, each province has its own laws, though issues of child and/or spousal support and division of assets and debts also come into play.

If one partner owned the home before a couple married, he or she might still have to share a portion of the proceeds with an estranged spouse upon its sale, unless a marriage contract or cohabitation agreement stipulates otherwise. Even if one person moves out of the house, he or she may still have rights when it comes to the property. And one of the biggest mistaken beliefs regarding divorce is that each spouse will get to keep his or her pensions, but the portion earned while a couple was married is divided like any other assets.

Getting a British Columbia lawyer who is experienced in divorce law to review a client’s individual circumstances might be the first step for someone planning on divorcing his or her partner. A lawyer can clarify such confusing things like the division of assets and debts. It might be easier to move forward knowing fact from fiction when it comes to the legal aspects of divorce.

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