If you are going through a divorce, you may have questions about the process and what to expect. Here are some common questions about divorce and their answers.
How long do you need to be separated before filing for a divorce?
To start the divorce process, you must apply to the Supreme Court. The court will not grant a divorce until you and your spouse have lived separate and apart for at least one year immediately before applying for a divorce. If there are children, support and other arrangements will also need to be made.
How long does it take to get a divorce in BC?
As part of the divorce process, the spouse applying for divorce must complete legal forms and submit documentation to support the application. The other spouse will then need to file a response. If completed forms and required documentation are submitted, and the other spouse responds promptly, the proceedings can take approximately four to six months to complete.
However, if both parties do not agree on important matters, the process can take much longer to be finalized.
Who is eligible for spousal support?
In the event of a divorce, either spouse can ask for spousal support under the Divorce Act. Usually, spousal support is requested by the spouse with the lower income and may be considered if:
- One spouse sacrificed their ability to earn income during the marriage.
- A spouse cared for the children over and above any child support obligation.
- One spouse is in financial need arising from the breakdown of the marriage.
- A spouse’s standard of living declined significantly because the relationship ended.
Do you need a lawyer to file for divorce?
You are not required to have a lawyer to obtain a divorce, but it is always wise to have a lawyer on your side to protect your rights. It is imperative that you hire a lawyer if you and your spouse do not agree on the issues that arise in your divorce.
Do you need to go to court?
Not all divorces require the parties to go to court. And in the event a court case is started, the case can be resolved before it reaches trial. This may occur if the parties involved come to an agreement through alternative dispute resolution methods, such as mediation.
Consult our Surrey family lawyers
If you have additional questions about the divorce process or divorce matters, the Surrey family lawyers at Highland Law are equipped to answer them all and advise on issues of concern.
At Highland Law, our team is dedicated to resolving your legal matters with honest and cost-effective legal services. Give us a call today to learn how our Surrey family lawyers can help with your divorce.