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Divorce

Divorce. Legal Issues that arise out of divorce. Custody of children – who gets the kids? Division of property – who gets the house? Spousal support – which spouse pays which spouse? Child support – who pays for the kids?. How to get a divorce.

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Divorce

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  1. Divorce

  2. Legal Issues that arise out of divorce • Custody of children – who gets the kids? • Division of property – who gets the house? • Spousal support – which spouse pays which spouse? • Child support – who pays for the kids?

  3. How to get a divorce. There is NO SUCH THING as a contested divorce in Canada. You cannot stop your spouse from divorcing you. You can only delay the inevitable.

  4. One ground – breakdown of the marriage • There are three ways to prove that a “breakdown of the marriage” has occurred. • Adultery that has not been condoned. • Cruelty – physical, mental, or emotional • Living “separate and apart” for a period of one year. Adultery and cruelty will get you a divorce right away. Living “separate and apart” means you have to wait a year.

  5. Adultery • Only adultery that is not “condoned” will get you a divorce. • “Condoned” means that you give the spouse permission to do “the deed” with someone else after the fact. • Any kind of sex act qualifies as “adultery”.

  6. Living “separate and apart” • If you live apart from your spouse for one year with an intent to end the marriage • You can be “separate and apart” under one roof. If you.. • Share separate bedrooms • Lead separate lives • Don’t have sexual intercourse • Don’t have the means to live separate and apart for one year • Are staying in the same house “for the sake of the children” • Have separate finances……..then you will be considered to be “separate and apart” under one roof.

  7. What do you file? • One spouse petitioning the court for a divorce (the petitioner) files … • a petition for divorce stating a. the grounds for the divorce b. the relief the petitioner seeks against the other spouse (the respondent) ie. Child/spousal support, child custody, division of property • An affidavit (sworn written evidence) that provides evidence to support the grounds for the divorce alleged.

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