During a divorce, there are a lot of things at stake, from your property to your entire lifestyle. There will be a lot of changes to your lifestyle, which will leave you wondering what to do.
However, with the help of the right family lawyer in Surrey, you will be able to navigate all these things without much problem. At the same time, you will explore various legal options that will leave you overwhelmed.
That’s where consulting the right divorce lawyer is essential.
In this article, you will explore five things that you need to know before consulting a family lawyer for divorce. You will also learn how a lawyer can guide you throughout your separation process.
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Things You Need to Know Before Consulting a Divorce Lawyer
Here are some essential things that you need to know before you consult a lawyer for your divorce:
Understand the Basics of the Provincial Divorce Law:
Before consulting a lawyer, you need to have a foundational understanding of the divorce law of your province. This doesn’t require you to be a legal expert, but being familiar with some essential concepts will help you make more well-informed queries and understand the advice of the lawyer clearly.
Did You Know?In British Columbia, the only ground for divorce is considered to be “breakdown of marriage.” This can be established in the following ways: Living Separate and Apart for One Year:This is one of the most common reasons. The separation doesn’t necessarily require living in completely separate residences. However, there should be a clear intention from one or both parties to end the marriage, and that they need to live separate lives. Other ways to establish the grounds for divorce include:
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Property Division:
In British Columbia, the law follows the principle of equal division of family property and debts. Usually, all assets that are acquired during marriage are equally divided between the spouses.
However, there are exceptions like gifts or inheritances received by one spouse. You need to understand this basic principle, which will help you frame your questions with respect to your assets and liabilities.
Spousal Support:
Alimony, also known as spousal support, is not automatic. It is determined according to various factors that are outlined in the Divorce Act and common law.
These factors include the duration of the marriage, the roles played by each spouse during the marriage, the financial needs and means of each spouse, and the impact of the separation on their economic conditions.
Child Custody and Access:
If you have children, it is important to understand the legal framework regarding custody and access to children. In this situation, “custody” means the decision-making responsibilities for the children.
“Access,” on the other hand, refers to the time spent by each parent with the children. The important consideration in all decisions with respect to children is their best interests and well-being.
British Columbia law encourages parents to share parenting responsibilities where it deems it appropriate for them.
By having some basic knowledge of these concepts, you will be well-informed to discuss your specific situation with your lawyer and understand the potential legal implications.
Other Essential Things to Do Before Consulting a Lawyer
Here are some other essential things you need to consider while hiring a lawyer, as given below:
Collect Relevant Documents and Information:
If you want to make your initial consultation productive, you need to gather as much relevant documentation and information as possible. Although you don’t need to bring everything on your own, having essential documents readily available will help your lawyer understand your situation more effectively and provide personalized advice.
You can consider collecting the following documents such as:
- Marriage Certificate
- Financial Documents like recent pay stubs, income statements from both parties, tax returns for the past few years, bank account statements, etc.
- Property Ownership Documents
- List of Assets and Debts
- Information concerning children
- Separation Date(if applicable)
- Any other existing agreements
Prepare a List of Queries:
Your initial consultation allows you to get specific answers to the concerns you might have. To make the most of this time, you need to prepare a list of questions beforehand.
This will help you avoid forgetting any crucial issues you would like to discuss. Some potential questions you can consider include:
- What are my legal rights and obligations in such a situation?
- What are the potential outcomes of my divorce case?
- How will our property and debts be divided?
You should always be open to asking follow-up questions according to the responses from the lawyer. You should also remember that this is your chance to gather information and assess whether this specific lawyer will suit your purpose effectively.
Be Honest and Offer Every Relevant Detail:
During your consultation, you need to be completely honest with your lawyer. If you are not sharing any relevant information or being dishonest, you can significantly lower the chances of getting accurate advice and prevent the lawyer from building a strong case for you.
Even if some specific facts are embarrassing or uncomfortable, your lawyer will keep them confidential. Most importantly, they need a complete picture to represent your interests with due effect.
You should be prepared to discuss the reasons that led to the breakdown of your marriage(although you can avoid sharing excessive details), your financial situation, and your relationship with your spouse, along with your wishes for the future.
The more information you offer, the better informed your lawyer will be to understand your situation and provide better advice regarding the best course of action.
In addition to all these things, you need to understand that the initial consultation is the best way to understand and analyse your lawyer carefully for better legal representation.
To Summarize:
For your divorce proceedings, you need a lawyer who is capable of delivering a fair and justified resolution for your separation. With the abovementioned steps, you will be able to ensure that you have the appropriate legal representation for your divorce proceedings.
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