Divorce & Separation

In Canada, divorce is governed by the Divorce Act which says there must be grounds for divorce. Most couples obtain a divorce on the ground of being separated for a period of one year and they file the divorce documents after this one-year period has passed, usually after the separation and divorce matters have been settled. This does not prevent you after separation from negotiating a final written settlement agreement with your spouse during this time. If you are planning to divorce, some of what you have agreed to will be written in the divorce documents.

When divorce documents are prepared and filed requesting the Court to grant a divorce, this is called a desk divorce because neither spouse must go in person before a Judge to ask for it. A mandatory Parenting After Separation course certificate must be filed with these divorce documents, along with a specified form showing the Federal Child Support Guidelines calculation for the children. Separated parents may also take the course Parenting After Separation for Families in High Conflict.

If couples have children, they will need to have a parenting plan in place which specifies where their children will live and how they will make decisions about them. If there are dependent children, the Court will want to see in the divorce documents that reasonable arrangements have been made for the children, including financial support.

Separating from a relationship can be a confusing and difficult time. Uncertain and fraught with worry. A mixture of emotions: anger, loss, grief, remorse, resentment, even joy and relief. Lorraine’s attentive, intuitive approach will put you at ease and help you focus on solutions to reach agreement with your spouse on divorce and separation matters.

By participating in an out-of-court cooperative process, such as mediation, collaboration, or arbitration, you and your spouse can save time and cost – to invest instead in a peaceable future.

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