What Questions To Ask A Divorce Lawyer Before Hiring – Navigating the legal system or any family matter is always an overwhelming experience. This is especially true when you are married or have been living with your spouse for a long time.
You have to worry about hiring a lawyer, going through negotiations and more. All of this can affect you emotionally and mentally.
What Questions To Ask A Divorce Lawyer Before Hiring
To make your life easier, our divorce lawyers in Canada have answered the most common questions people ask in such cases.
What Questions To Ask When Hiring A Divorce Lawyer — Griproom
Here are the top 20 questions to ask divorce lawyers in Canada and the expected answers.
We have divided the questions into different categories. Let’s take a look at the most important questions to ask divorce lawyers in Canada:
A breakup usually occurs when you physically separate from your partner. In some cases, you may live under the same roof but live separately. You may still be legally married, but not living together.
However, there are circumstances where you can legally separate from your spouse by entering into a separation agreement in Canada to resolve your issues.
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Divorce, on the other hand, is when you end or legally dissolve your marriage with your spouse. The only way to get a divorce is to fill out the proper paperwork asking for a divorce.
The court will then grant you a divorce decree and you will be officially divorced. Make sure you choose the right family law attorney to help you with your divorce.
A Separation Agreement in Canada is not a requirement, but we recommend it to all of our clients. The agreement helps by ensuring that:
Such an agreement will give you peace of mind, because you will know that all your affairs have been resolved. We recommend that you hire the best divorce lawyers in Canada to draft or review your agreement for optimal results.
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There is no limit to how long you must remain separated to count as separated in Canada. Divorce can happen when one or both people decide they want to live apart from each other.
In most cases, in order to get a divorce, you must live apart for at least a year. If you settle for 90 days, the clock starts over.
Many are divorced but still living together. Most people consider this a more difficult arrangement, but it also counts as a split.
One of the main questions to ask a divorce lawyer in Canada is whether you can negotiate a separation agreement and whether you can take your partner to court.
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Our family law attorneys recommend taking your spouse to court only as a last resort. Court hearings are time-consuming, expensive and can take a toll on you emotionally and mentally.
We recommend that the first step you take is to negotiate a separation agreement with your partner. It costs less and will also take less time.
Instead, you and your partner will have complete control over the separation agreement because you can create your own terms. If you take the case to court, the judge will have control over your case.
That’s why it’s important to think about these aspects before deciding whether to take your partner to court or enter into a separation agreement.
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If you have an amendment to your separation agreement that says you can change the terms of the agreement, that will allow you to do so.
On the other hand, if your spouse does not agree to the change of terms, then you must apply to the court to change the terms.
Note that the circumstances must be important to make such changes to your agreement and election requirements.
For example, you can ask to change the terms of the contract if you move and want to make sure your child moves in with you.
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A divorce lawyer in Canada will give you the best advice on what to do in this situation.
If children are involved in the divorce process, then it is important to make a list of important questions to ask your divorce attorney about custody.
Our divorce lawyers have answered these questions for you to give you more clarity on this important matter.
Child custody is an important issue and you may need to involve the court in this matter. After reviewing your case, the court will determine what is in the best interest of the child.
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For example, the court will consider each parent’s role in raising the child. If the child has become the primary custodian, that parent will likely have physical custody of the child.
On the other hand, if both parents were very involved, then the court may issue a joint custody order or parental order.
In such a situation, both parents should work together and communicate in order to raise the child perfectly. Note that the court will not offer joint custody if both parents appear unable to cooperate with the child.
There are two types of custody rights that parents can exercise in relation to children. One is individual and the other joint custody.
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When a parent has sole custody, the child will live full-time with the chosen parent. The parent who lives with them will have the power to make important decisions about the child:
On the other hand, joint custody is when both parents must consult each other on all child matters. Typically, one parent has permanent access while the other has permanent access.
Most people choose joint custody so that the child does not lose contact with both parents. Both parents have equal decision-making power over their children when they share joint custody.
Finances are an important part of everyone’s life. This is why it is important to ask financial questions about separation in Canada.
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Let’s take a look at some of the most important questions you can ask about finances when going through a breakup with your partner:
The law determines the amount of child support you must pay during a separation. We recommend that you follow federal child support guidelines to find out how much you should pay.
There is a table you will find in the instructions that will show how much you will have to pay. We still recommend that you choose a divorce attorney who can review this amount.
This will ensure that you are on track with your child support payments and that you won’t have any problems in the future.
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Income disparity means that one spouse will always earn more than the other. If this is the case, the higher-earning spouse will have to make payments to the lower-earning spouse.
As a general rule, if one spouse earns at least $15,000 or more than the other spouse, they must pay spousal support.
There are other factors that may be involved in this case, such as child support. Such factors will affect the amount the couple will receive.
Every case is unique, and a family law attorney can help you make an assessment on this matter.
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Each spouse will be responsible for their personal debts in the event of separation. If you have any debt, you are responsible for paying it yourself, and your spouse will not pay any part of your debt.
However, if you have joint debt, such as a mortgage, then you and your partner will be responsible for it.
Another note to keep in mind is that when you sell your home during foreclosure, any loan you secured against your property or home will become part of the sale of your home.
Our divorce lawyers in Canada will tell you in detail if you have a matrimonial home that you want to sell. Property division is an important part of any separation or divorce.
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Financial disclosure is important for transparency during separation. You and your partner are responsible for sharing all important information about each other, such as debts, assets, income and more.
All of this is known as a financial disclosure. Divorce attorneys will need such disclosures in order to provide you with informed and sound legal advice.
The cost of hiring a divorce lawyer in Canada will depend on several factors. Family law attorney fees vary widely due to expertise, services, and many other factors to consider.
According to the 2021 Legal Costs Survey in Canada, the average cost of a separation agreement is more than $7,000. However, if you don’t have children, the contract will cost more than $5,000.
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On the other hand, if you decide to go to court, it will cost you more. It is important to do extensive research on divorce attorneys in your area so that you have a more accurate picture of the costs you will incur.
Communication is an important part of any legal matter. This is why it is one of the most important questions to ask a Canadian divorce lawyer.
This question is important to measure the transparency of family law attorneys and if
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