Dealing with the Legal Ramifications of Divorce & Separation
At Lowther Family Law, we serve clients throughout British Columbia that are dealing with the legal process of separation and divorce. If you're undergoing either, we can help. Take a moment to learn more about these subjects on this page, and then contact us to schedule your initial consultation.
Separation
Many couples begin their divorce process with a separation. They may leave the family home, or they may continue to live under the same roof, but with separate quarters. Before making the decision to leave the home it is best to seek legal advice. It is also advisable to have a qualified lawyer prepare any separation agreement, rather than create such an agreement without advice, which may have unintended consequences.
It is not necessary to wait until the 1 year separation period is up before beginning the process of divorce. In fact, it is wise to seek legal counsel as soon as possible when contemplating the end of your relationship, whether married or common-law. There are several steps that are necessary to prepare for separation, even if reconciliation may be hoped for. It is advisable to know how to best protect yourself, your assets and your children.
A well-planned separation with a legal separation agreement can save money and stress in the long term and pave the way for a successful divorce process.
Divorce
A divorce can be granted after a separation period of 1 year without other grounds. It is not necessary to wait until the year is up to begin the process. In fact, it is advisable to begin the process during the separation period because of the time it takes to process the paperwork. Once the divorce is applied for it can take 3 months or longer for the necessary steps to be completed and the Order of Divorce granted. The divorce is then final 31 days after the date of this order.
We do not suggest booking your next wedding date until you know when your divorce will be final. Some divorce orders may require the lawyer to appear before a judge. And some divorces may require a trial or some court processes if the parties cannot agree on issues such as division of assets, support and issues regarding children such as custody and access. It is always best to seek legal advice so that you are fully informed. If your divorce process will require court appearances, then an experienced trial lawyer can assist to achieve a fair outcome for you.
An uncontested divorce means a divorce where the grounds are not disputed or are admitted and there are no other issues in dispute between the parties, such as spousal or child support, custody and access or property division.
At Lowther Family Law, we charge a very reasonable flat fee of $650 (plus taxes and disbursements) for an uncontested divorce (without children). See our fees page for more on this topic.
Note: The information provided above is general information only and is provided as a public service. For detailed information and advice with respect to your specific circumstances, please contact our office for an appointment.
