Divorce can be a stressful time as you consider the split of your family, financial assets, and belongings… especially if you do not fully understand the divorce process and what it entails. If you are currently considering or in the process of a divorce, you may have some questions about the requirements, process, or your rights in the divorce. The divorce experts at Brace Law have compiled the 10 most asked questions about divorce, and their answers, to help you better understand what you will need to ensure a smooth divorce procedure.

1. What is the difference between separation and divorce?

A separation is when a common-law or married couple decide to live separately and apart. Common-law couples do not need to get divorced, as they were never married. Only married couples need to get divorced. Once a married couple has been living separate and apart for at least one (1) year, they can file for divorce. This means they are legally no longer married and are free to remarry.

2. When can I file for divorce?

In order to file for a divorce, you and your spouse must be separated for at least one (1) year.

3. How long does the divorce process take?

Processing times for divorce cases vary depending on several factors. However, for the divorce process to be finalized, it ranges from 6-10 months. Backlogs as a result of COVID-19 can make this wait time longer.

4. My spouse refuses to provide me with financial disclosure, what should I do?

There are certain actions you can take if your spouse refuses to produce and provide you with financial disclosure. To find out more about this, contact the family lawyers at Brace Law.

5. What is a matrimonial home?

A matrimonial home is the property which a married couple purchases or lives in during their marriage.

6. Am I equally entitled to my matrimonial home as my spouse is? 

Yes, you are equally entitled to your matrimonial home as your spouse is. For more information, contact Brace Law.

7. How do I resolve my issues with my spouse?

There are many ways you can attempt to resolve disputes with your spouse. Before involving the court and to avoid costs, parties are encouraged to resolve matters through alternative dispute resolution. Some of which include mediation, arbitration, and negotiation. To find out more, contact our family lawyers at Brace Law.

8. Do I need a lawyer to go to court? 

Although you can file an application for divorce without a lawyer, it is recommended that you consult with a lawyer to better understand your rights.

We hope that the answers to these questions has given you confidence in pursuing your divorce. If you have additional questions, need more information, or would like to obtain legal counsel to represent you in your divorce proceedings, contact Brace Law. The divorce lawyers at Brace Law are happy to work with you to get you the outcomes you deserve in your divorce.

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