British Columbia Divorce Lawyers

Are you looking for a British Columbia divorce? Most divorce laws in Canada are the same, but there are some differences between provinces.

Many people call us with divorce questions because they know they need to sit down with a family lawyer. We can connect you with a lawyer that does divorce and separation.

How Do You Get Divorced in BC?

The only way to get divorced in British Columbia is to show there has been a breakdown of the marriage. There are a few different ways to show a marriage breakdown:

1. One of the spouses committed adultery
2. One of the spouses treated the other spouse with cruelty or abuse
3. The spouses have lived apart for at least one year

To start the British Columbia divorce, a notice of family claim based on a one-year separation needs to be filed. This can happen which the parties are either living together or apart.

The application won’t be approved until the spouses have lived apart from each other for at least a year.

How to prove adultery?

You can prove adultery in a divorce claim either by going to trial or by submitting affidavits. You can also enter in evidence during discovery or bring in other witnesses. The goal is to have the judge believe that adultery had occurred.

Changing Child Support Orders in BC

We get many people to call us wanting to submit a motion to change child support. A family law judge can change, suspend, or cancel child support orders. Make sure to have a family lawyer when you submit your motion, as you don’t want to lose and get stuck with the other side’s attorney fees.

British Columbia Divorce Lawyers

Most people going through a divorce, at least the ones that can afford lawyers, need to think about how to divide assets and debts. Often the family property, family debt, and pension benefits need to be split. Sometimes people argue over things like Air Miles as well.

How do I get child support in BC?

Both the divorce act and the family law act govern child support. The divorce act governs those that are married. If you had a child and never got married, you can make claims under the family law act.

The family law act claims can go to either the Supreme Court of the local provincial court.

Claims under the Divorce Act only go to the Supreme Court.

How do I get Spousal Support in BC?

Both the Divorce Act and the Family Law Act govern spousal support.

For a court to award spousal support, one of the spouses must live in British Columbia at the beginning of the application. Both parties can also agree to use the court in a particular province.

Unmarried spouses can submit a spousal support claim under the Family Law Act, not the Divorce Act, as they are not married.

What areas of law do our BC family lawyers practice?

• Separation Agreements
• Marriage Agreements
• Cohabitation Agreements
• Child Custody
• Spousal Support
• Division of Assets
• Family Litigation
• Divorce Negotiation
• Family Mediation

British Columbia Divorce Lawyers

We have put together a list of questions that our British Columbia Divorce Lawyers sometimes get asked below.

What is considered an asset in a divorce?

A house, a condo, shares in a company, vehicles, RRSP, an interest in a trust account, shares in the stock market, and inheritance.

Is spousal support more important than child support?

No, the family courts often consider child support more important.

Fact: The Family Law Act imposes a duty on spouses to provide support.

What is the definition of a spouse?

• The couple is married
• If they live together in a marriage-like relationship
• If a couple has lived together for 2 years (BC) or 3 years (Ontario)

What is considered a marriage-like relationship?

The family courts take a broad view of what a marriage-like relationship is. They recognize that there is a variety of relationships that are all very different.

Some common things the family judge looks for are:

1. Did one party provide to the other during the relationship?
2. The pooling of the couple’s finances (sharing a bank account)
3. Purchasing a home together
4. Deciding to have a child together
5. Going to couple therapy
6. Living together

It’s possible to live together in a marriage-like relationship without living together under the same property. If you don’t live together but are planning a child and have the same bank account, the courts might decide that you are in a marriage-like relationship.

British Columbia divorce lawyers

It is still possible to be considered in a marriage-like relationship even if the couple is not having sex. This is likely because sex is not a requirement for marriage.

When the marriage-like relationship is interrupted by periods of breaking up things get more complicated. Therefore it’s important to set up a consultation with British Columbia divorce lawyers.

I Don’t Want a Divorce In British Columbia

What happens if you don’t want a divorce? What happens if their spouse doesn’t want to get divorced. It doesn’t make sense to call a divorce law firm if you want to save your marriage.

You should call a marriage counsellor or psychologist instead. A family lawyer won’t encourage you to stay married or get divorced. You need to make that decision on your own.

If your spouse has started the divorce process, or if you feel there is no chance at savings your marriage, it is then the right time to call a family law firm. Even if you don’t want a divorce, if you have been served, you have to respond.

British Columbia divorce lawyers

Many people delay reaching out to a family lawyer because they get mixed signals from their spouses. They may have been served with a separation agreement or the divorce papers might have been filed.

At the same time, their spouse might be telling them “I love you” and they might still have a sexual relationship. Maybe the sexuality has increased since the divorce papers have been filed (angry sex?)

Parenting responsibilities will likely continue such as dropping off the kids at school. That might seem to provide hope for the marriage to get back to normal.

Lack Of Passion In the Marriage

Some marriages lack intimacy and passion. Sometimes the couple may not have had sex in almost a year (or longer) and the spouses are feeling disconnected. Sometimes sexual attraction disappears altogether.

There may be a medical reason for low libido (talk to your doctor.) It might be an uncomfortable conversation, but it’s an important one to have!

Maybe you just need to step outside of your routine. Go on vacation (I heard Hawaii is great every time of year.) If that isn’t possible, organize a staycation!

British Columbia divorce lawyers

Go to the spa or go to the movies. Have a date night! It might not feel comfortable at first but force it! Eventually, you will get used to it and then you might enjoy it!

If you are unsure if your spouse is serious about the divorce, the best thing to do is ask them. Sometimes someone reaches out to a family lawyer just to feel heard. They have no intention of going through with the divorce.

Other times they are just looking for information on how separation works. It is better to read information online (like this blog) than to reach out to a family law firm if you are not yet serious. Most lawyers do not like being asked for free advice.

No one likes to talk about divorce when everything is going well. So, if you are at the point where you are reading divorce blogs, chances are something is very wrong. You should make a list of the issues in your marriage and talk to your spouse about them.

Do I Need To Prove My Spouse Is Bad In British Columbia?

In BC, there is no-fault divorce. This means that you don’t need to prove that your wife or husband cheated on you, abused you, or ignored you. There is no need to provide a reason for the divorce when you contact a family law firm.

There is no need to “sue” your spouse if they cheated on you. Instead, divorce is a process somewhat like filing your taxes. It is about calculating debt, assets, and income.

Sometimes one spouse may be able to use their spouse’s negative behaviour to gain a more attractive separation settlement. This can get very complicated, so it is best to set up a free consultation with a family law firm ASAP.

What If I Don’t Want A Divorce?

Sorry to tell you, but anyone can obtain a divorce without their spouses’ approval. If your spouse has started the divorce process, you need to reach out to a family lawyer for a consultation.

You might also want to reach out to a psychologist to help you deal with possible negative emotions. Staying mentally healthy is critical during the divorce process. You will need to make tough decisions based on logic instead of emotion.

Don’t want a divorce? Try your best to fix your marriage.

Do You Need a Divorce Lawyer?

Do you need a divorce lawyer? Filing for divorce is a complex process and one that raises many questions and emotions from beginning to end.

In light of all this, it’s important to realize that the outcome of your divorce case poses potential ramifications for your family over the long haul and that you likely need support from an outside professional.

Should You Represent Yourself in Divorce Actions?

It can be tempting to assume that you can manage your divorce on your own. Hiring an experienced divorce lawyer can make a big impact on the outcome of your case. Also, it can provide overall peace of mind you feel about your individual situation.

The support of an attorney is instrumental regardless of how you currently feel about filing for divorce.

Many people underestimate the different factors and elements involved in initiating a divorce filing and can benefit from the insight of an attorney who has practiced in this field over the course of many years.

Understand the various roles that a divorce lawyer can play. Learn how he or she can help you more successfully navigate this challenging milestone in your life.

It can be very hard to get answers to even basic questions. Who gets the house? How will this influence my relationship with my children? If you do not have a divorce attorney these are hard questions.

Divorce Lawyer- Understanding the Basics of Getting Divorced in Canada

Divorces in Canada are granted by the courts. This does not necessarily require that you would need to appear in front of a judge. There are some situations in which both parties can reach their own separation agreement or cases in which no separation agreement is required.

This means that no court appearance may be mandated based on an application by agreement. However, many people are unable to come to terms of agreement with their former spouse on all of the issues in the divorce, meaning that they will need to appear in court and it is wise to be prepared with the support of a divorce attorney.

You must have been separated from your spouse for at least one year to get divorced. At this point in time, you may or may not be on good terms with your former spouse and are likely unable to come to terms of an agreement on your own.

A divorce application is typically processed and a divorce granted within three to six months when both parties can agree to all of the terms. However, when there are issues such as child access or spousal support, that cannot be resolved by agreement, you need the support of an attorney.

An attorney plays a crucial role in assisting you throughout this process and can be instrumental in making this difficult situation much less challenging. The sooner that you engage an attorney the sooner that you speak to a lawyer.

Understanding the Role Of British Columbia divorce lawyers

It can be difficult for you to see the full picture when you need to initiate divorce proceedings in Canada. You might assume that your former spouse will be willing to work together with you and it can come as an unfortunate surprise when he or she does not agree to the terms that you thought were fair and reasonable.

In this type of situation, it is instrumental to have an attorney who can spring into action quickly. Your lawyer will also be trained and familiar with exploring all different avenues of ending your marriage and the possible ramifications these can have on your life.

A divorce attorney ensures that you don’t miss critical omissions or details that could enable you to move on with your life sooner rather than later. A divorce attorney will explore settlement options as well.

Hopefully, you are able to settle outside of court. Once litigation has been initiated many people want to settle. You and your former partner will likely agree that it is in your best interests to pursue settlement opportunities.

Your lawyer should be there to represent you and your best interests during this process. You cannot afford to make mistakes. Your family’s future is on the line in a divorce.

Specific Situations in Which You Should Seek A Divorce Lawyer Immediately

Skipping mediation is recommended for certain situations and people who have escalated problems.

First of all, anyone who experienced violence or abuse within a marriage will have normal feelings of fear when being near the abuser so mediation or out-of-court settlements are not an option.

If you suffered from physical, sexual or mental abuse, you need to retain a Canadian divorce attorney immediately.

Second, if you have too much animosity with the other party, it can be difficult to work towards a meaningful outcome in mediation.

If you have experienced problems such as your partner threatening you or infidelity that has weakened your trust in him or her, these times of high animosity call for an experienced divorce attorney.

If you are unable to advocate for yourself, it is strongly recommended that you retain a Canadian divorce lawyer immediately. Are you not in an emotional state to defend yourself and protect your interests?

Then an outside advocate can help you. Outside issues such as the death of a loved one, losing a job or moving can all put additional pressure on you in your divorce.

This is enough to deal with on top of ending your marriage and it can be helpful to have a person with a fresh perspective to review your case.

British Columbia divorce lawyers

Hire a Canadian divorce attorney immediately is if you intend to divorce as quickly as possible. Rather than going through mediation, a lawyer can help you to review the facts of your case. It is not always the case that your Canadian divorce lawyer will be pushing you towards settlement, for example.

However, the very strength of your selection of your Canadian divorce attorney can make a big impact. It will affect your spouse’s decision to try to settle outside of court.

A lawyer helps if the two of you have not been able to come to terms of the agreement in the past. The support of an attorney can show the other spouse involved that it is in their best interests to settle outside of court. Therefore, your attorney can be extremely helpful when you retain his or her services.

Our divorce attorneys know your position. They will work hard to protect it in all aspects of your divorce filing and legal hearings.

What Are My Options for Reducing the Cost of Divorce?

Is reducing the cost of divorce possible? Regardless of how you came to contemplate deciding to get divorced, it can be extremely difficult to figure out how to move forward if you are concerned about cost. There are several different options available to you when it comes to reducing the cost of your divorce.

Our knowledgeable family lawyers are here to assist you whether you are still deciding whether or not to file for divorce or whether you are ready to initiate the paperwork.

The insight of an experienced family lawyer can give you a great deal of confidence and peace of mind as you proceed.

What follows are a few ideas to help you reduce the cost of divorce.

Reducing the Cost of Divorce- Doing Research

One of the easiest ways to reduce the cost of your divorce is to do appropriate research about the factors taken into consideration and the legal issues that must be resolved at the end of a marriage. Doing research on your own is important so that you are fully grounded.

As you complete the research process, keep a list of appropriate questions that you can ask your family lawyer. A knowledgeable family lawyer will be able to point you in the right direction and ensure that you have accurate and up-to-date information.

British Columbia divorce lawyers

One of the best ways to reduce the cost of your divorce is to choose to keep the issues outside of the courtroom, if possible.

Alternative forms of dispute resolution, such as arbitration and mediation are typically tied with less stressful parties, results that are more tailored to your individual situation, and reduced costs.

If you are able to agree on most or all of the issues surrounding the end of your marriage, alternative dispute resolution can make a difficult process that much easier.

The knowledgeable family lawyers will help present these different options to you and assist you with understanding how these work, and what to do in the event that they are unsuccessful.

Reducing the Cost of Divorce

Your initial consultation or meeting with a family lawyer will give you a great deal of information. They will tell you what to anticipate in the divorce process. Your family lawyer should suggest forms of alternative dispute resolution. The lawyer will ask if you and your soon-to-be-former spouse are able to come to terms of the agreement.

This agreement would be on any of the critical issues involved in the end of the marriage. Furthermore, your lawyer can answer many of the most important questions. This might be about what is required in terms of filing. They can also answer about payment arrangements.

Understanding what to anticipate before you make the final decision to move forward with legal action is important so that you can be completely prepared and set aside money if necessary.

You can express your concerns over reducing the cost of your divorce with your family attorney. This should be done during this initial consultation or meeting.

The lawyer may have additional suggestions to assist you with fully protecting and representing your interests. This might be in ADR or in court, while also reducing the cost of your divorce.

Don’t wait to reach out for help with your divorce concerns, especially if you have questions surrounding the cost. We’ll walk you through each step of your case.

Understanding Parenting Coordination

Anyone who is thinking about going through a separation or a divorce will have questions about understanding parenting coordination. The first step is to have an established parenting order in a separation agreement or a divorce. You should then be able to co-parent with your former spouse without having any issues.

However, this is rarely the case if both parties are not clear about the requirements of parenting coordination. The implementation of a parenting plan can be challenging from all different perspectives.

This is where a parenting coordinator can be especially helpful for those approaching this process. It works for those willing to minimize conflicts as much as possible.

British Columbia divorce lawyers

Parenting coordination is most frequently recommended for those parties who have come to a general parenting agreement. They still have ongoing communication concerns that effectively limit their ability to co-parent together.

Parenting coordination and the hiring of a professional in this arena is one of the most cost-effective alternative dispute resolution methods. It works to handle ongoing concerns related to parenting.

Within the realm of parenting coordination; strategies are provided to parents that can help them to resolve ongoing conflicts. It also helps them work together on a regular basis.

Some of the most common conflicts that can be resolved with the assistance of a parenting coordinator include:

• holiday schedules
• participation in extracurricular activities
• communication between parents
• educational decisions
• health-related decisions
• picking up and dropping off the children

How to Initiate the Parenting Coordination Process

Parenting coordination usually begins when both parents can agree to appoint a professional to the role of a parenting coordinator. The role of a parenting coordinator is frequently filled by a family lawyer or a psychologist who has expertise or experience in this field.

The parties can also determine together which specific issues they would like to have addressed by the parenting coordinator. This includes the decision-making ability of that appointed parenting coordinator.

When both parties are unable to agree on terms of their own, cooperating to choose a parenting coordinator can help to carve a path for resolution.

You need to speak to British Columbia divorce lawyers to get legal advice.

British Columbia divorce lawyers

After the individual has been appointed, the parenting coordinator meets with both parents. Usually, they will provide information to the parents about the typical impacts of separation and divorce on children.

They can also provide details about psychological impacts on the entire family regarding the conflict. This helps parents to get a frame of reference for how the ongoing conflict is affecting their family members. It also explains why it is beneficial to proceed with a parenting coordination process.

If parents cannot come to an agreement on their own, the parenting coordinator might make a decision on their behalf, in the event that the parenting coordinator was granted powers of arbitration.

This is why it is so important for both parties to work together to establish the goal of parenting coordination and to hire the right person to serve in this role.

A decision that is handed down from a parenting coordinator who has arbitration powers is legally binding in family courts.

What Happens If Mediation Is Unsuccessful?

If mediation between the parents is not successful and the parenting coordinator has to make a decision as an arbitrator, the parents may also have the responsibility to submit evidence to the parenting coordinator who factors this into their decision.

A family lawyer can represent either party in the arbitration process, depending on the contract terms of the parenting coordination agreement.

The specific terms of the contract will be crucial in determining the role of the arbitration process and the expectations of each party. This is why it is strongly recommended that you retain an experienced family lawyer in advance of going through parenting coordination.

Parenting coordination might be the right choice for you if you wish to resolve your disputes in an alternative manner that removes some of the negative aspects of traditional litigation.

You may wish to minimize the conflict for current family members and to arrive at a cooperative decision that is in the best interest of you and your children.

This can be done when you retain an experienced family coordinator who is knowledgeable about the process and who can help you avoid many of the most common pitfalls.

We can connect you with British Columbia divorce lawyers.

Alistair Vigier is the CEO of ClearWay Law