When a marriage ends, there is a lot to deal with, from the emotional issues to the legal ones. Both can be difficult and complex, and unfortunately, the emotional side can make the legal aspect more challenging. Whether you are seeking a contested or uncontested divorce, it is a big step that can feel overwhelming.
As you prepare for a new life, it’s important to receive proper guidance from a family and divorce lawyer with the experience to obtain the best possible outcome. Hiring a divorce lawyer in Penticton means you will have someone to help you understand your rights, explore your options, and develop the strategies that will help you through your case.
Eligibility For Divorce
As with the rest of Canada, divorce in British Columbia is governed by the Divorce Act. You or your spouse must be a primary resident of BC for at least one year to be eligible for divorce. It is also possible to apply for a divorce if you or your spouse live in BC or plan to do so permanently. You must also have grounds for the divorce, which may include:
- Physical or mental cruelty, or
- Separation for at least one year
When a divorce is contested, it means that the terms of your divorce have not been agreed upon. This may involve money issues, custody of any children, or parenting time. Your Penticton divorce lawyer will assist you and your spouse in reaching a separation agreement through mediation. This can often result in a settlement being reached before the case goes to trial, which can be a lengthy, expensive affair. Rest assured that whether an agreement is made, or your case goes to trial, your rights will be protected.
In contrast to a contested divorce, an uncontested divorce is one where you and your spouse remain at least somewhat amicable and capable of reaching an agreement on all terms in your case. This means that you are both of one mind when it comes to child support and custody, spousal support, the division of property, money issues, and virtually everything else.
The advantage of an uncontested divorce is that you will not need to appear in court. You will simply let the court know and request a BC divorce. The judge will sign an order of divorce that may include your agreed-upon terms of the settlement. This type of divorce saves you both time and money, in addition to being a more amicable split.
A joint divorce is similar to an uncontested divorce in that both parties are in agreement on how to settle, but both parties will notify the court of their intention to separate, rather than one party suing the other for divorce.
Expert Advice You Can Count On
Whether you need an international divorce lawyer, or you and your spouse are both located in BC, our experienced team can help you through every stage of your divorce, protecting your interests and getting you the settlement that you need. For more information on family law, contact us today and we will be happy to answer all of your questions.