Divorces are often complex and overwhelming. Ending a marriage is more than just about emotionally detaching from the person. The legal process could be a long one, depending on the circumstances. Even if you don’t know much about the Divorce Act, you are expected to make sensible decisions regarding aspects like child custody, child support, alimony, and distribution of assets. It also makes sense to talk to an Ottawa divorce lawyer to know your rights and interests. There are also terms like “legal separation”, which can sound confusing. Here are some things to know about getting divorced in Ottawa.
Distinguishing between legal separation & divorce
Legal separation is when a couple chooses to live separately but remain legally married. This is often an option for couples who want to continue the marriage for certain benefits. Legal separation also means that the spouses cannot remarry until the divorce is finalized.
Understanding an uncontested divorce
Just because you want a divorce doesn’t mean you have to blame your partner or accuse them of something. Ontario allows for an “uncontested divorce”, provided basic requirements are met. If you and your spouse have lived separately and apart for a year, you can file for an uncontested divorce. There are also grounds for divorce, such as adultery, mental or physical cruelty. If you file for a fault-based divorce and your spouse agrees to the divorce, you will have an uncontested divorce. Note that there are also residency requirements to be met – Either of the spouses must have lived in a Canadian province or territory for at least one year before filing for divorce.
Do you need to hire an attorney?
While you can file for divorce on your own, working with an attorney has a few advantages. Firstly, you can get advice on your legal matters and rights. They can help you understand the pros and cons of your decisions so that you can avoid hasty ideas. In a divorce, routine matters of concern include child support, child custody, and distribution of assets. If you want spousal support or alimony, your lawyer can guide you on that too. Family lawyers know everything about divorces, and their sheer presence can simply a divorce.
While your friends and family can offer all the mental support you need, your lawyer is your best and most reliable resource for legal matters. Don’t shy away from asking questions when you meet an attorney for the first time.