4 Things you Need to Know when Filing for Divorce

 4 Things you Need to Know when Filing for Divorce

Yes, making the decision to get divorced is hard. But, getting a divorce is even harder. Why? Well, that’s because the divorce act in Canada is complicated and there are many angles that one isn’t even aware of before taking matters before a judge. So, we have answered 4 major questions that people ask when looking forward to getting divorced. Have a look!

  1. How Quickly can the Divorce be Granted?

You cannot be granted a divorce overnight in most cases. Only a few elite attorneys like the Andrew Heft family lawyer can tell you that you have to wait for a year to get a divorce from your spouse. However, there are a few situations under which you don’t have to wait for 1 year to separate from your spouse legally. 

  • The court will grant a divorce without wait if you two have been living apart for a year already.
  • You will not be required to wait for a year if your grounds for seeking a divorce include physical and mental torture. 
  1. How Can I Get My Child’s Custody?

Elite lawyers like Andrew Heft say that the court does not take into consideration whether or not the spouse has committed adultery when it comes to giving the child’s custody. There is sure an emotional preference. But, the court does not act upon it when it comes to sensitive matters that involve children. So, the factors that determine whether or not you get the custody of the child include the following.

  • If you have been staying at home to take care of your child, most likely, you will get custody. 
  • You won’t be given custody if you are an alcoholic or a substance abuser. 
  • You will most likely get the custody if you emotionally connected to your child. 
  1. Who will have to Pay the Alimony?

Most commonly, men have to pay alimony. However, gender isn’t the ground for this. What matters is:

  • Who earns more?
  • Who takes care of the child?
  • Who is financially weaker of the two, if both work?

The sum to be paid is higher if the woman has been a house maker for years. That’s because the court considers the fact that it will be tough to get a job after so many years of not working. 

  1. Will there be a jail time in case of misconduct?

Well, it depends upon what the misconduct is. Adultery, for example, is not a punishable offense. But, physical and mental abuse are punishable. 

That said, you need an experienced attorney like Andrew Heft to settle things on your behalf since situations can get tricky too quickly in the court. 

 

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