When going through the Canadian divorce process, you encounter a range of financial, legal, and emotional challenges. You might have concerns about how property will be divided and whether you will be receiving or paying alimony, along with uncertainty regarding your parental rights. Plus, there is a labyrinth of laws that apply to your case, including the federal Divorce Act and local statutes. These issues, combined with feelings of frustration, depression, and anxiety, can make divorce complicated and stressful.
However, you might increase the complexities of your case when you operate on some of the misconceptions that plague the Canadian divorce process. Wrong information can prevent you from making informed decisions and can even adversely affect your interests. Instead of putting your rights at risk, trust an Oshawa, ON divorce lawyer to tackle the challenges. It may also help to debunk some of the myths that can steer you in the wrong direction.
Myth #1: A “win-lose” approach is the best strategy for resolving divorce issues.
In the absence of domestic violence, theft, or other egregious conduct, divorce is not a legal proceeding where you should aim to destroy your opponent or be the victor who enjoys the spoils. The process is more effective and efficient when the outcome stems from compromise. The parties are most likely to be satisfied with the results when they agree on property division, spousal support, and issues related to minor children.
Myth #2: The court looks unfavorably on cheating spouses.
Adultery is viewed as morally and ethically wrong in many views, but the aggrieved spouse will not receive any sympathy or special treatment after being cheated up. Canada divorce laws are no-fault, which means you do not have to prove any misconduct on behalf of your spouse. There are statutes and guidelines for determining division of assets, alimony, and custody, visitation, and support for minor children.
Myth #3: There is no distinction between traditional and common law marriage in Canada.
This misconception could affect your case because some divorce laws apply only to traditional marriage, other statutes only impact common law relationships – and there is some overlap between them. In Ontario, “spouses” in common law marriages must address how to divide property acquired while they were together; plus, it is possible that one party may have to pay support to the other when the relationship is over.
Myth #4. I purchased the house before getting married, so it belongs to me.
Upon buying a home, the deed to real estate and signature on a mortgage may include only one spouse’s name; however, the non-owner will likely receive some interest if the couple lived in the home after getting married. The idea behind this rule is that each spouse contributes to the upkeep, maintenance, finances, and other household responsibilities. As such each should be entitled to recoup some of their investment.
Myth #5: If I move out of the house, I will lose it in property division.
Not so, since your presence in the home does not dictate how assets are divided in divorce. Your interests in the home come from your name being on the deed OR from your status as a party to a divorce case in which it is an asset.
Get Additional Clarification from an Oshawa, ON Divorce Attorney
These common myths about divorce range from misleading to downright false, but it is difficult to separate truth from fiction if you do not have a legal background in Canadian law. Your future and rights as a parent depend upon solid knowledge of the relevant divorce statutes, so you can count on our lawyers at the Carmichael Law Professional Corporation to protect your interests. For more information, please contact our offices in Oshawa, Ontario to schedule a consultation today.