Common Canadian Divorce Laws Myths
Myth: To speed up the Canadian divorce process, moving out as soon as possible is a good idea.
Truth: No matter how bad things are at home, do not move out without consulting a lawyer first as to how the laws regard this. Moving out probably won’t speed up the divorce process. More importantly, by leaving your spouse in possession of the home, and possibly leaving the children behind, you give your spouse an advantage in terms of the financial settlement related to the house and in terms of custody of and access to your children.
Myth: If both spouses are employed outside the home, the courts will not order spousal support.
Truth: It’s true that courts are more likely to order spousal support in cases where one spouse did not work outside the home. But spousal support is also regularly awarded even when both spouses maintained economic independence. Some factors that a court is likely to consider include (a) how great the difference is between the income of the spouses; (b) how long the relationship lasted; and (c) the best way to make sure that both spouses become financially independent in the shortest period of time. A Canadian divorce laws lawyer can help you determine the amount of spousal support you may be required to pay or may be entitled to receive.
Myth: Paying child support entitles a parent to access with the children.
Truth: Child support is ordered to distribute the costs of child care between the parents. If a Canadian divorce laws court orders you to pay child support, that doesn’t guarantee that the court will also grant you access to the children. On the other hand, if you’re not ordered to pay child support in Canada, the other parent can’t deny you access to the children for that reason.
Myth: The cheapest and easiest method of getting divorced is to separate and stay separated – after one year, the marriage is over.
Truth: Separation and divorce in Canada are completely separate legal states. If no divorce order has been issued by a court, separated couples remain merely separated, no matter how long they maintain that status. That means, under Canadian family law, they cannot remarry.
Myth: A common-law relationship that lasts more than three years requires a divorce process just like a formal marriage.
Truth: To end a common-law relationship, just end it. You only need the assistance of a Canadian lawyer if you have legal issues to settle that you and your former spouse disagree about – especially child custody, access, or child support. Other legal matters that common-law partners might need assistance in resolving include division of assets or spousal support laws.