Common Questions of Legal Rights After Divorce in Canada

A divorce is an unfortunate event anyone has to go through. It makes life temporarily difficult. However, knowing rights after divorce for both spouses is essential. Here, we will answer the most common questions you may have about legal rights after divorce.

How Do I Apply for A Divorce?

You need to fill out divorce application forms that you can get from your lawyer, bookstores, or even the internet. If there is a child, you need to write down financial information for it.

Would I Get Economic Support?

Yes. Based on legal proceedings, a judge can order one spouse to support another spouse financially. It is for a definite period of time or indefinitely. It depends on the needs of the spouse, the income, and spending.

The goal for this economic support is to avoid one spouse suffering from finances. Also, it needs each spouse to become financially independent as soon as possible. If you have children, you will get economic support for at least 3 years.

The family Responsibility Officer (FRO) will collect this amount from one spouse to provide to another.

Would I Receive My Share in The Property?

Property can include any home, land, business investment, or cash. Usually, spouses come to an agreement on how to divide the property between them. It must be part of the written agreement.

However, it may be difficult to decide the number of shares equally. You can talk to a professional lawyer and get consultation services.

Can I change the terms?

You have 31 days to appeal once the divorce has been granted. Once this time is passed, the divorce is final and can’t be undone. It is because you may need to reflect on your decision and may not want a divorce.

However, terms are final and can be changed only depending on people’s circumstances and lives.

Can I Apply For Divorce In Canada?

It is not necessary to have Canadian citizenship for getting a divorce in Canada. You can apply for a divorce if:

  • You are legally married in Canada or any other country
  • You intend to get separated from your spouse and don’t see getting back to him/her again.
  • Either one of you or both has lived in any Canadian province for at least one year.

What If I Want To Relive With My Partner Again?

You can live for up to 90 days for reconciliation. This 90-day tenure starts from the day you have applied for a one-year separation.

How Is Child Custody Determined Legally?

The choice of children is considered when providing child custody. Some important points in this regards are:

  • The best interest of the children
  • Parenting abilities of each spouse
  • Their bond with each parent
  • Parents and children schedules
  • The economic capability of each parent
  • Siblings issues

There is a lot more to consider for custody of a child. You need to get legal help for that matter.

Do I Need To Get A Lawyer?

No. You don’t need to hire a lawyer for a simple divorce. However, there are some matters, such as property share, children’s custody, and support. Your lawyer will clear out matters for you with legal information.

What Are Other Alternatives Than Going To Court?

Many people avoid going to court because of family respect and costly legal proceedings. There are a few alternatives you can opt for:

  • You can go to a family mediator who has a legal or social background
  • You can hire a personal lawyer for secret services
  • Getting help from a family psychiatrist will be of help

Can Divorce Happen If Only One Spouse Wants?

Yes. If any of the spouses don’t want to live, he/she can file for divorce. However, a one-year separation is required for both parties for reconciliation.

What About Canada Pension Plan (CPP)?

CPP is a special property. You can file for dividing CPP credits equally among you two which you earned during the marriage. You can ask for legal help if your spouse is not following legal orders.

If you have any questions, please ask below!