Divorce FAQ – Divorce vs separation, marriage vs common law, how long it takes and what happens with children

Our divorce FAQ  is meant to be used as a general guide for common questions that people ask about divorce. It is a challenging subject to talk to someone about, so we hope to take some of the pressure off by answering some of your questions here so that you do not need to get up the courage to ask. There still may be things that you are unsure about, so please do ask us. We are here to help.

According to Statistics Canada, as of 2018, nearly 40% of Canadian marriages will end in divorce. Divorce is a confusing and challenging time when a couple decides to end their marriage. Many people have lots of divorce questions – you are not the only one, and it is OK to ask questions. Without further adieu, here are some common questions that people ask. We hope these help you and encourage you to pick up the phone. Help is only a call away: 604-974-9529. Let’s first take a look at what precisely a divorce is.

What is a divorce? Marriage and Common Law Divorce

A divorce is a legal determination that a marriage has ended and can only be granted by filing a Notice of Family Claim at the BC Supreme Court. A judge can only grant a divorce, but you don’t necessarily need to physically appear in court to have your divorce granted. If both you and your spouse agree on the terms of your divorce and the divorce papers are correctly filed, the judgment may be mailed to you. If you wonder about common law divorce, there are a different set of considerations that play out than if you were married. Since divorce is a serious matter, you may want to look into separation and see if this is an option for you.

Legal separation vs divorce – What is the difference between them?

A divorce is a legal dissolution of the marriage. A separation is not. There is no such thing as legal separation in Canada. Separation means you are no longer living as a couple, even though you may still be under the same roof. Legally, however, you are still married until a judgement has been made and a court order issued to dissolve the marriage. Sometimes it is unclear if you should choose to get a divorce or separation.

Separation could happen first if the reasons for wanting a divorce are minimal and you want to try and work your differences out. In other cases, your heart has moved on, or you need to get out of your current situation and are sure you want a divorce. Let’s first take a look at separation and what it means.

What is a legal separation? There are no legal separations. Only legal divorces.

Separation is an agreement between spouses, but it is not a legal termination of the marriage. Only the courts can terminate a marriage. When you are separated, you may agree to see other people with your spouse. Essentially, you could live a life separate from your spouse, but you are still married by law. If you choose to get a divorce, it can be an emotional and time-consuming process.

Divorce FAQ – How long does it take to get a divorce in BC?

You and your spouse must have been separated for at least 12 months to get a divorce. In some circumstances, if you can prove adultery, physical or emotional cruelty, divorce may be granted in less than 12 months. Further, at least one spouse must have BC as their primary residence in BC for 12 months preceding the divorce. If this is not the case, contact YLaw to see your options.

Another Divorce FAQ Answered: Can I get a divorce in less than one year?

Another divorce FAQ:  Can I get a divorce in less than a year?

Answer:  Typically, divorce can take over 12 months since you need to be separated for that long before you are eligible. The divorce process can be faster than average if the following things have happened:

• Your spouse has cheated on you (committed adultery, infidelity, been unfaithful, etc.)
• Your spouse has treated you with physical or mental cruelty, making it impossible for you to continue living together.

You have to prove the allegations in court in either case, which is emotional, time-consuming, and costly. It may be better to separate and wait a year. In any event, contact YLaw for the best advice as it relates to the specifics of your case. There are also other requirements for divorce that you will need to meet. Since divorce is an important decision to make, it is critical to think of everything and everyone that can be affected by making this decision.

Other considerations for a divorce to be granted, especially when there are children involved.

If the divorcing couple has children, the court will grant the divorce as long as the court is satisfied that reasonable arrangements have been made for the children. This includes custody and financial support. Financial support means, in most cases, following through as far as child support and sharing of extraordinary expenses of the children go. It is much easier to get an uncontested divorce, which means that you and your spouse agree to the terms of your divorce.

My spouse and I have agreed to the terms of our divorce. What do we do?

If you agree to the terms of your divorce, you can file a Notice of Family Claim. This is submitted to the Supreme Court to have a judge grant the divorce. Common things like the following will need to be agreed upon:

• Custody and financial support for children
• Spousal support and asset division,

If you agree, you can apply for an uncontested divorce. An excellent place to start is a formal separation agreement. This agreement is where you outline everything that is agreed upon. It is not valid until both spouses sign it with witnesses. Before you enter into or sign an agreement, it is a good idea to consult a qualified Family Law Lawyer.

Divorce FAQ questions answered – Contact us for more help today.

We hope that our divorce FAQ article has helped you understand more about divorce. These are some of the questions that people have about divorce. Since this is a complicated matter and everyone’s situation is different, it is always best to consult a professional. We help you and understand that this is a difficult time. Contact YLaw at 604-974-9529 to arrange for a chat with one of our divorce lawyers today. We are here to listen to your story, and we are here to help.