Get Legal Advice

It is always a good idea to get legal advice from a family law lawyer when you are thinking about getting a divorce.

It is especially important to get legal advice if your divorce will be complicated. Examples of things that may make your divorce more complicated are:

• you and your spouse do not agree on all the issues so you may need to have a divorce trial

• there is a high level of conflict between you and your spouse

• there is, or there has been, family violence and you are afraid for your safety or your children’s safety
  
  
• you and/or your spouse have pensions, property, debts or business assets that need to be divided

It is a good idea to get advice even if you and your spouse agree on everything. If you make mistakes with certain parts of your divorce, you may not be able to fix the mistakes after the divorce is final.

Privacy Considerations

Your privacy is important. When you give documents to the family court, your spouse will get copies of everything you file. And, you will get copies of everything your spouse files with the court. If there is information that you want to keep private and do not want your spouse to have, speak to the staff at the court for help. For example, if you do not want your spouse to have your current civic address or information about your employer because you have safety concerns or for another reason, you may be able to give this information to the court on a separate paper that would not be sent to your spouse.

Your Safety and Security

Tell the family court staff if there has been any family violence. Family violence includes situations where abuse is directed at you, another family member, your child, or where your child witnessed the abuse. Family violence includes situations where you are afraid for your safety or for someone else’s safety. 

Best Interests Of Your Children

If you and your spouse have a child or children together who are under 19 years old or still dependent, most often, parenting issues will have to be resolved with your divorce. In doing so, parents need to focus on what is in the best interests of their children. If a judge has to decide parenting issues, their decision will be based only on the best interests of the child or children.

Parenting issues can be straightforward or complicated, depending on your circumstances. It is important to speak with a lawyer to learn about your rights, responsibilities, and options.

Property, Pensions, & Debts

Your divorce may be more complicated if you or your spouse have property, pensions, or debts. It is important to speak with a lawyer before you ask the court for a divorce because you need to know your rights and responsibilities, even if you believe your divorce is simple. You will likely not be able to change the division of property, pensions, and debts after your divorce is final.

Getting A Divorce Takes Time

The family court cannot guarantee how long a divorce will take before being finished. Divorces often take a long time, especially when there are many issues involved.

Uncontested Divorce: If you and your spouse agree on everything, you would not need to appear in court after giving the staff your paperwork. The judge would review your paperwork on their own time, and without having you or your spouse attend court. Even divorces that are uncontested can take several months before the divorce is finalized.

Contested Divorce: If you and your spouse cannot agree on parenting arrangements, child support, spousal support, property division or pension division, then both of you will need to attend court to appear in front of a judge. If the judge must decide on any or all the issues, then the court will schedule a trial where you and your spouse will need to appear and present evidence and make arguments about your position. A contested divorce will take longer than an uncontested divorce.

You can’t remarry until your divorce is final and you have a divorce certificate. Do not plan a wedding to get remarried until you have received your divorce certificate from the court. The court will not speed up your divorce because you want to remarry.

What Is A Clearance Certificate?

When you apply for a divorce, the court will apply for a clearance certificate from the Central Registry of Divorce Proceedings in Ottawa. The clearance certificate confirms that there are no other divorce cases between you and your spouse anywhere in Canada. It may take several weeks for the court to get this certificate, and the court cannot start to process your divorce until they get the clearance certificate.

Always Obtain Legal Advice

It is always recommended you obtain legal advice. The Divorce Act is the law that covers all divorces in Canada. No matter which province or territory you are applying from, you use this law. There are other laws that may apply in your divorce too. For example, there are separate laws for dividing property, like Nova Scotia’s Matrimonial Property Act.

If you were married, you have to go through the court’s divorce process to end your marriage. There is no such thing as an ‘automatic divorce’ in Canada, no matter how long you have been separated from your spouse.

For more information, please contact Valley Family Law for a no-obligation consultation.