Saturday, October 25, 2014

Cheap and Easy Divorce

February 2, 2011 by admin  
Filed under Featured Articles

Taking the decision to divorce usually follows when one or both spouses have left a marriage and want to move forward with a new partner. When most marriages end, most couples are just happy to have time apart from what has become a battle zone or cold front. Top of the agenda for any couple when a marriage ends is to sort out arrangements, custody and maintenance for any dependent children. Following this, the separated spouses must prepare for the paper chase – signing over house deeds, opening and closing bank accounts, changing passport names and so on – when it comes to ending a marriage the paper chase is one of the most time consuming tasks!

Some Canadian spouses still want to fast track through the divorce process, yet the easiest and cheapest way to divorce in Canada is to first separate for a year.

Taking a year away from the marriage allows both parties to reflect over what went wrong and whether they are truly happy living apart. If a new partner is involved, this year of separation actually gives the spouse time to see if the new relationship really was any better than the old marriage. It also gives both ex spouses time to adjust to a new life alone and to let some of the animosity that has built up as the marriage turned sour, dissipate.

The best way to handle a divorce is to be calm and objective! Not easy, if your wife ran off with your best friend or your husband moved in with a girl 20 years his junior; however, no amount of pleading or bitterness is going to bring your ex spouse back; accept that your life has changed forever and sever as many ties as you can. Additionally, the reasons why your spouse left you, however unjust they may seem, will not affect the way your assets are divided, nor will it have a bearing on maintenance custody and access to any dependent children unless you can legitimately prove some kind of abuse against them.

You may feel like the injured party but under Canada Divorce Law marriage breakdown is the only legal reason for a divorce and a year’s separation is proof that a breakdown has occurred. Not only this, divorcing after a year’s separation is the cheapest and easiest way to get a divorce in Canada.

You can file for a divorce before your separation year is up, however the divorce will not be granted before this. Only one spouse needs to apply for a divorce – again this is evidence enough that the marriage has broken down, but you can file jointly in what is known as an uncontested divorce. If one spouse disagrees with the divorce or the reasons for it, this is called a contested divorce. After one year’s separation even a contested divorce will be granted.  Even permanent residents of Canada can get a divorce there and it doesn’t matter where they married or what their nationality is. Under Canada Divorce Law, nobody is obliged to stay in a deteriorating marriage.

In most provinces, divorce is handled by the Superior Court of Justice, which is often referred to as the Supreme Court. You don’t need to get a divorce lawyer to represent your case. All Canada provinces offer advice on how to divorce; you can find this information on the Legal Canada Community website http://legalcanadacommunity.com/divorce-law-canada#Getting a Divorce.

For more free legal advice and independent information on divorce including division of assets and pensions, child custody, maintenance, prenuptial agreements and separation agreements go to www.legalcanadacommunity.com the open source legal encyclopedia for Canada

 


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