The Divorce Process

Separation and the Divorce process is one of the most emotionally and financially frightening and difficult experiences anyone will ever go through.  A lot of the fear is generated by not knowing what do or what to expect. Many parents worry about child custody. When you know what’s going to happen, everything becomes easier to deal with. Arming yourself with as much information about the divorce process as possible will help you make a smooth transition to your new life. Take control of the divorce process by educating yourself, it will go a long way to alleviate your stress and make the divorce process a easier to deal with. In Canada, the federal government shares responsibility with the provinces and territories for family law matters. When making decisions about children after separation and during the divorce process, the federal Divorce Act, which was first enacted in its modern form in 1968, applies to people who were married and are now divorced or are planning to divorce. If you were never legally married but are separating from your partner, the Divorce Act does not apply to you as you and your partner are considered to have been living in a “common law” relationship. The Divorce Act recognizes three main grounds for divorce, which are cruelty, adultery, or being separated for one year.  Any one of these grounds is sufficient  to apply for the dissolution of your marriage. To get a divorce in Canada, there must be a breakdown of your marriage What is Child Custody? Child custody is an issue that frequently comes up in thedivorce process Custody determines who has the final powers of legal guardianship for the child, including powers to make decisions about the child’s education, medical care, religious education and overall upbringing. Child Custody does not have anything to do with how often a parents sees a child or how much time they spend with the child. Factors Considered by Judges in Determining Child Custody Issues Deciding who should have custody of the children after a marriage is over is not easy. If divorcing parents can not agree on who will take care of the children, divorce law sets out some basic principles that a judge must use when making decisions about children. • The best interests of the children always come first. • Children should have as much contact as possible with both parents so long as this is in the children’s best interests. • The past behaviour of a parent cannot be taken into consideration by the Court unless that behaviour reflects on the person’s ability to act as a parent. Log on http://www.divorceprocess.ca to know more!

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