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Divorce and separation law in Burnaby, Canada, as it is throughout the whole country, is governed by the federal Divorce Act. It sets out rules for divorcing, such as residency requirements and grounds for divorce. A marriage can be ended by divorce if the couple has been separated for at least a year or if one party can show fault grounds such as adultery or cruelty.
Engaging a lawyer for issues of divorce and separation is recommended for a number of reasons. A lawyer can provide guidance during negotiations and provide knowledge about legal rights and responsibilities. Lawyers are crucial when issues of property division, child custody, and support come into play. In complex cases with substantial communal assets, or in high-conflict separations, having a lawyer's expertise is even more critical.
In Burnaby, like the rest of Canada, either partner can apply for a divorce but they must prove that their marriage has broken down. As previously mentioned, this is usually proven by showing a separation of at least one year. In the event of alleged misconduct, couples may not need to wait for one year. The court may also consider misconduct when deciding other issues such as division of property, child custody, and spousal support.
One or both parties must have lived in the province of British Columbia for at least one year prior to filing for a divorce.
Yes, one party's refusal to divorce does not prevent the other partner from obtaining a divorce. The law only requires proof that the marriage has broken down.
In most cases, property acquired during the marriage is divided equally, but the court can order an unequal division if an equal division would be significantly unfair.
Courts make decisions about child custody based on the best interests of the child. Factors considered include the child's health, educational needs, the relationship with each parent, and the child's preference, if it can be reasonably ascertained.
Spousal support is determined by factors such as the length of the marriage, the roles during the marriage, and the ability of the recipient spouse to support themselves.
After the divorce application is filed, it usually takes a minimum of three months to become final. However, it could take longer depending on the complexities of each case.
No, it does not matter legally who files first for divorce. Both parties have equal rights under the law regardless of who initiates the divorce.
If you reconcile at any stage, you can file a joint statement with the court to dismiss your divorce application.
Generally, no. Each party should have their own lawyer to avoid any conflict of interest and ensure that each party is fairly represented.
The Legal Services Society in British Columbia may provide certain services to individuals with lower incomes, like Legal Aid. They can help with some family law problems.
You may find in-person or online workshops on family law useful. The Law Society of BC or organizations like the People's Law School can also be valuable resources. Court registries and family justice councilors can provide assistance too.
If you need legal assistance with your divorce or separation situation, your next step would be to consult with a family lawyer in Burnaby. A lawyer can guide you through the legal process, help protect your rights, and advocate for your interests. Before hiring a lawyer, consider seeking free or low-cost legal advice from a legal aid organization.
