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Canada Divorce

Alt112233Alt112233 Registered User new member
This is for a friend, but I'm being anonymous anyway.

My friend is getting a divorce in Canada. If someone has insight, I have a few other pertinent details I'd share via PM.

That said, I don't live in Canada. How do Canadian divorces differ from American divorces?

This person has not yet retained a lawyer as they are still working things out, but it seems clear that it is heading in that direction. If it were me, I would at least have a consultation. Any advice I could supportively pass along would be appreciated.

Posts

  • SixSix Caches Tweets in the mainframe cyberhex Registered User regular
    I would recommend having your friend get advice from a lawyer instead of a video game forum.

    can you feel the struggle within?
  • XaquinXaquin Right behind you!Registered User regular
    edited October 2014
    Tell him to get a lawyer yesterday and start making a calendar of EVERYTHING.

    Also tell him good luck. Divorce is the worst.

    Xaquin on
  • Alt112233Alt112233 Registered User new member
    I am encouraging a lawyer. What I need are concrete reasons that one would want a lawyer in that situation to justify the expense if one anticipates a mediated divorce.

  • bowenbowen Sup? Registered User regular
    Because the first one to get a lawyer usually gets a better outcome.

    You should never not get a lawyer in situations where lawyers are usually involved, there's lots of paperwork and gotchas and legal loopholes to fuck you over, and the cost is always greater in the long run even if you think a thousand or two is a big expense, imagine paying 25%+ of your income if alimony becomes involved, even over a year. There, you just paid for a thousand or two.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    if it's an amiable split, and the divorce goes uncontested, etc etc. Your lawyer fees will be minimal, but it's good to have someone in your corner in case something goes south. Always hope for the best, but prepare for the worst. Especially in divorce.

  • DisruptedCapitalistDisruptedCapitalist I swear! Registered User regular
    As a wise elderly attorney once told me, "There is no such thing as an easy divorce."

    "Simple, real stupidity beats artificial intelligence every time." -Mustrum Ridcully in Terry Pratchett's Hogfather p. 142 (HarperPrism 1996)
  • VeeveeVeevee WisconsinRegistered User regular
    edited October 2014
    As a wise elderly attorney once told me, "There is no such thing as an easy divorce."

    Lies, my divorce was very easy. Fill in paper work, wait about 9 months, hand money to now ex. Divorce done.

    It helps that we literally had nothing but a car and credit card debt, and all of her items were already with her in Florida while my stuff was in Wisconsin. Sold car, put that towards the credit cards, then handed her half of what was left of the debt. Had either one of us gotten a lawyer instead it absolutely wouldn't have been anywhere as easy.

    However, I do recognize my situation is far from the norm and I do recommend at least consulting a lawyer at minimum.

    Veevee on
  • DisruptedCapitalistDisruptedCapitalist I swear! Registered User regular
    Well, that's true. Out of the six divorce cases I handled before I retired from the law, one of them was easy because my client's spouse never showed up for any hearings and never retained counsel.

    But I guess that's the catch, if the spouse had shown up for almost any reason it would have gotten much worse in a big hurry.

    The rest were big huge clusterfucks though.

    "Simple, real stupidity beats artificial intelligence every time." -Mustrum Ridcully in Terry Pratchett's Hogfather p. 142 (HarperPrism 1996)
  • SilverWindSilverWind Registered User regular
    edited October 2014
    Are they in Ontario?

    General resources and reduced fee lawyers.

    Are they in Ontario and are also low income?

    Legal Aid Ontario offers summary legal advice services as well as certificates to cover the drafting of separation agreements .

    SilverWind on
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  • Tell me moreTell me more Registered User regular
    I'm not a lawyer, but I do know a thing or two about getting divorced in Manitoba and British Columbia. If your friend hasn't been married long, and the couple has limited assets and no children, then they may be able to largely figure things out on their own.

    Kids and houses can become major stumbling blocks. Longer marriages mean more issues around support payments and division of assets. Pensions can be a tricky issue as well. I'd be happy to provide more information, but some details would help. Feel free to drop me a PM.

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