Text Messages and Social Media in Divorce Proceedings in Canada
We live in a world that has been transformed by advances in electronics within living memory. In many ways, we are still adjusting to the differences that social media sites and text messaging have made to the way we socialize and communicate. Although these changes may feel so new that it’s hard to believe that Twitter, email and the like can be accepted as evidence in court, the fact...
Dividing Gifts During a Divorce
What’s Mine is Yours… Or, Is It? Dividing up gifts during divorce proceedings is not always an easy task. Amicable Settlements are Best for Both Parties Divorce is much more than a simple break up. After years of living together and building one life from two, splitting up can come down to splitting hairs over property, money, and personal belongings that each person believes are their own....
Custody and Access Orders
Legal Orders Close Gaps in Parenting and Protect Children’s Rights In most custody instances, parents have a legal right to spend quality time nurturing their child. A Parent’s Right is a Child’s Right After a separation or divorce where children are involved, custody and visitation typically play an important role in legal proceedings. There are times, however, when matters related to...
Shared Parenting
Children Benefit When Parents Learn to Cooperate When parents split, successful shared parenting skills teach children that they do not have to choose sides. Post-Divorce Parenting Presents Obstacles for Moms and Dads Parenting in the modern era presents a wide-range of challenges. For divorced or separated parents, the complications increase ten-fold and parenting can be a forthright struggle...
Survive the Divorce by Knowing Your Rights & Obligations
The basic guidelines for dissolution of marriage are subject to the Divorce Act. Additionally, Canada’s Constitution mandates that the federal and provincial governments establish jurisdiction over family law. This creates a complex tangle of laws that make it confusing to ascertain your specific rights and obligations when seeking or responding to a divorce. Divorce Law is Multifaceted When...
Separating Finances During a Divorce: How to Protect Family Inheritances
The average Canadian receives just under $100,000 from inheritances. That’s a good chunk of money that can go towards renovating the marital home or paying off debts. Depending on how the inheritance was used during the marriage, couples may disagree on how the asset should be divided during the divorce. Those who inherited money or assets may be at risk of losing a portion of it to...
When Couples Don’t Want to Stay Married, is Divorce the Only Option?
Not All Couples Live Happily Ever After Despite the best of intentions, not all couples live happily ever after. When couples drift apart, they often think they have two options: stay married and stay miserable; or divorce. In fact, couples have a third option – a legal separation. Couples can remain legally married for an indefinite period of time. Warren Buffet, for example, separated...
Breaking the News: Talking to Your Kids About Divorce
Divorce is frequently difficult and costly. When it comes time to split, couples often argue over blame, assets, and hurt feelings. If the decision is painful for the adults, imagine how children may struggle with the news that mom and dad are getting a divorce. Many parents don’t know when to broach the subject with their children. The Prevalence of Divorce With divorce rates as high as 40%,...
Divorce Roadblocks: Dealing with Uncooperative Spouses
Unfortunately, not all marriages have a happy ending. Divorces are not uncommon in Canada, and are granted to couples that have separated for over a year. There are two types of divorces: contested and uncontested. About 80% of divorces are uncontested; however, if the marriage didn’t end on happy terms, a partner can lengthen and complicate the divorce proceedings by contesting it. Common...