The collaborative divorce process is appealing to many couples ready to end their relationships. It offers the parties more control over the divorce since they don't have to go through a court battle or trial. Further, it can often be quicker and less expensive than a traditional adversarial divorce. However, just like with anything else, it is not totally without negatives.
When you are going through a divorce in British Columbia, there are several things that you must consider. One of these factors is how you will handle the divorce. If you and your spouse both agree that the marriage is over, you might decide to file for an uncontested divorce. In this type of divorce, one spouse will file for the divorce and the other spouse has to agree to it.
It may seem like every divorce must involve some kind of argument or court battle, but this is not the case. Whether you are already divorcing amicably or want to try to avoid the contention and strife common with traditional divorces, collaborative law may be a good fit for your legal needs.
A woman seeking child support to the tune of $14,000 a month as had her request denied. A justice in a British Columbia Supreme Court rejected the mother's claim that her child hasn't been able to enjoy the same lifestyle as when she was married to an oral surgeon.
The path to and through divorce is different for every couple. Some couples deal with emotional, financial and even safety issues that make it difficult or impossible to work through a divorce in an amicable fashion. Other couples are able to seek divorce through a collaborative law process, working together to close out a marriage that just didn't work out. While no one right method of divorce exists, it is true that collaborative divorce can be simpler in terms of arguments and amicable agreements about child custody and other issues.
While many people may believe that a divorce or separation always has to be a contentious process, this isn't actually true. Every year, couples across Canada are able to work together to come up with separation agreements that outline the provisions for how their property will be divided and how child custody issues will be settled. While most people are more familiar with the concept of a formal court order, some couples may choose to have an informal separation agreement.
Even during a collaborative divorce in British Columbia, you may face a fair amount of anxiety and stress throughout the process, and it's important to know how you can deal with this. Below are a few tips that may help:
Child custody cases are often difficult on the parents and the child. In some cases, other family members can also feel the pain of the child custody case. Some family members, such as grandparents, might decide to seek contact with the child. The Family Law Act provides a way for non-guardians to still be able to see a child.
Many decisions are involved in the divorce process, and both parties are usually seeking to protect their own futures as well as the futures of any minor children involved in the marriage. We previously discussed issues such as calculating child support and increasing the chance that both parents can be involved with the lives of children. Whether or not you have children, a collaborative divorce process might help you have greater peace and success with the entire process.
When a parenting time order is issued, parents are expected to follow the order. While there are some exceptions to this, failing to follow a parenting time order is considered serious business. Legal action can occur if a parent doesn't follow the parenting time orders.