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Regardless of your reason for divorce, this is an emotional and stressful time. In Canada, there are three grounds for divorce:
Where one spouse has engaged in an affair. In this instance, suspicion alone is not enough for a judge to grant a divorce, and evidence of the infidelity will be required.
The most common ground for divorce is separation, which is when a couple has been living separately and apart for a minimum of one year. This doesn’t have to mean separate homes—separate bedrooms, meal times, and living spaces are also considered to be living apart.
Emotional or physical cruelty indicates a situation where living with the other spouse is intolerable. Evidence of cruelty, which is required for court proceedings, can be difficult to acquire unless the cruelty has escalated to include medical or police reports.
Whatever your reasons are for pursuing divorce, Evolve Family Law is here to support you and strive for an expeditious resolution.
When relationships end, it is not uncommon for the separation to cause financial stress on one of the two parties involved. When this occurs, the court can remediate the situation with different forms of financial support:
The intent of spousal support (alimony) is to ensure the individual who becomes financially disadvantaged in the separation can maintain a similar quality of life to which they have become accustomed.
Several factors are considered when determining spousal support, such as sacrifices made during the relationship (e.g. did one spouse forego education to focus on raising children?), and the receiving party is expected to make reasonable efforts to become financially independent in the following years.
It is a parent’s responsibility to provide for their children and the intent of child support is to ensure children have opportunities similar to what they would have experienced had their parents’ not divorced. Child support payments vary based on several factors, such as custody agreements and parental income.
Child support payments typically continue until the child is 18 years of age and may continue past this point if the child is attending school or is unable to provide for themselves due to a disability.
Child and spousal support may be eligible to renegotiate as income, custody, and living situations change. When these conversations arise, we are ready to help you navigate them.
It is always ideal when parents can mutually agree on the best plan for raising and spending time with their children. However, this isn’t always the case during a separation.
Our team will work to define a parenting plan that is beneficial to the well-being of both the children and the parents.
Parenting & access solutions are different for every family and we will navigate unique hurdles, such as long-distance parents, addictions, or special needs, along with you to support the best interests of your family.
We strive to reach solutions that are fair and expedient to promptly remove this stressor from your family’s daily life.
When distributing property in a divorce, the first step is to determine which assets are considered family assets, business assets, or individual assets. While this is sometimes straightforward, legal representation is often needed to reach an agreement over which assets are considered to be family versus personal.
Other professionals, such as appraisers and realtors, can also become involved in this process when necessary. There may also be a period of extensive investigation if one party suspects there to be undisclosed assets.
The Evolve Family Law team is committed to assisting our clients in reaching a resolution that is both fair and efficient through this stressful time.
The process of welcoming a child into your home and family is heartwarming, but it can also be challenging when it comes to legal proceedings. No matter what your situation entails, we are ready to discuss your options with you.
Whether an adoptive parent or a birth parent, our team is here to help you understand your rights and obligations as you navigate the complexities of adoption.
Regardless of the type of adoption you are pursuing (agency adoption, relative and step-parent adoption, out of province adoption, or contested adoption), the team at Evolve Family Law is here to handle the legalities of your situation so that your efforts can remain focused on your growing family.
While guardianship is usually maintained by an individual’s next of kin, there are times when this person is unavailable to undertake the responsibilities of a guardian. In this instance, another family member or concerned friend may apply for guardianship.
For concerns regarding guardianship of a child or guardianship and co-decision-making for dependent adults, the Evolve Family Law team has the experience to assist with your situation.
For more information on adoption and guardianship, reach out to our qualified team. We are more than happy to help you.
Without an interspousal agreement, property and assets are subject to The Family Property Act during a divorce. For those who want special consideration in the event of a death or separation, an interspousal agreement (e.g. prenuptial agreement, cohabitation agreement) is essential to protecting their interests.
These agreements are commonly used to protect the inheritance of children from a previous marriage, the interests of a business partner, or any other allocation of assets that does not follow The Family Property Act.
If you would like to discuss your agreement options, we are here to help you find the option that suits your situation.
Our office can assist by advising you in relation to an agreement you have already reached with another party.
Pursuant to The Family Property Act, Independent Legal Advice may be necessary to ensure an Agreement is a valid Interspousal Agreement as defined by the legislation.
The Evolve Family Law team is committed to assisting our clients in cost effective resolutions, if you require independent legal advice we are one click away.