Let Our Family Lawyer in Langley Help You with Family Law Issues
The decision to end your marriage is probably one of the most difficult decisions you’ll ever make in your life. During this often confusing and stressful time, many questions arise surrounding the divorce and separation process. At Gertsoyg & Co., our reliable team of family lawyers in Vancouver will guide you through the entire divorce and separation process. Every case is unique, but mainly, our lawyers resolve divorce cases through negotiation or litigation. If we cannot resolve your divorce through arbitration or mediation, we will proceed to court. We will answer all your questions to make the transition into the next phase of your life as smooth as possible.
Separation & Divorce Lawyer Langley
For married couples and common-law spouses, a common ground for divorce is marriage breakdown. A marriage breakdown can be evidenced by several factors, including separation of at least one year, commonly resulting from adultery or cruelty. Most divorces in Langley are granted based on the one-year separation. The separation period begins immediately after the spouses decide that their marriage is over and there is no likelihood of reconciliation. Most separated spouses do not reside together. However, sometimes separation can occur while spouses are still living in the same residence.
It is not mandatory to have a legal separation or a separation agreement for a year before filing for divorce. The law considers spouses to be living apart and separate provided the spouses, or at least one spouse, has formed a clear intention not to stay married. This form of separation can be intricate to navigate, making it paramount to seek counsel from a family lawyer you can trust. Our family lawyers Langley have vast experience in handling all forms of separation and divorce, including parties who are separated but still living under the same roof. We understand all the issues that could arise from this arrangement. We will provide you with practical advice and solutions to ensure that we safeguard your rights.
It is possible to end your marriage without obtaining a formal divorce. You and your partner can decide that it is enough to separate and settle your issues through a separation agreement. However, it is important to obtain a formal divorce should one of the parties decide to re-marry.
From basic to complex separations and divorce proceedings, our family lawyers at Gertsoyg & Co. have the necessary experience. We focus on family law as our sole practice area. For decades, we have handled thousands of cases of different circumstances surrounding separation and divorce. Whatever your situation, we will help you resolve issues in an effective and cost-effective way.
Division of Property
Upon separation or divorce, married couples are entitled to an equalization of the net family property. The Family Law Act sets forth a specific calculation applied to the equalization of net family property. When two persons enter into a marriage, each of them becomes automatically entitled to an equal share of the wealth accumulated during the marriage. The dissolution of marriage or the death of one spouse triggers the right of equalization. Each partner then becomes entitled to half of the property accumulated during the marriage.
When calculating the equalization entitlement during a divorce proceeding, the first step involves filling out the financial statement form. In this form, each spouse discloses their assets and liabilities as of the date of marriage, separation, and the current date. Based on this information, family lawyers can calculate the wealth that each spouse has accumulated while married to determine the net family property. If spouses cannot agree on the division of property, the court comes in to determine the equalization payment.
Child Support & Custody
The Federal Child Support Guidelines provide certainty with respect to the financial support of children after divorce. During separation or divorce, spouses must agree on who should pay child support, the amount of child support that must be paid, and for how long the children should receive child support. The amount of child support payable will depend on the Federal Child Support Guidelines and the payer parent’s income. The income of the receiving parent is not considered when determining child support. The parent with whom the child or children reside will be the recipient of child support payments.
In addition to the basic child support payments, an additional amount may be payable to cater to the children’s extraordinary expenses. Section 7 of the child support guidelines sets out special and extraordinary expenses. The special and extraordinary expenses may include daycare, post-secondary education expenses, and dental expenses.
For as long as children are under the age of majority, they are eligible to receive child support. Children may be eligible to receive child support until they obtain their first post-secondary degree. Although child support might seem easy and straightforward to calculate based on the Federal Child Support Guidelines, this is not always the case. Various issues could affect the general guidelines and give rise to exceptions.
It is also important to determine how each spouse will participate in the child’s life by determining the guardianship, parental rights, and parental responsibilities. These decisions should always be in the best interests of the child and not the parents. The custody decisions will have a huge impact on the child’s physical, mental, and emotional well-being. Contact our lawyers to uphold the best interests of your child.
Spousal Support & Maintenance
The issue of spousal support is one of the main financial concerns for people commencing the divorce process. Spousal support is commonly referred to as alimony. Whether you are the payer or the recipient of spousal support, it is important to have an experienced family lawyer in Langley. A lawyer understands all the potential nuances that surround spousal support and will guide you through the claim process.
The court uses its own discretion in determining the amount and the duration of spousal support. The court considers the following factors when making this decision – the recipient’s need for financial support and the payer’s ability to pay. The court will also consider other aspects of the relationship that could impact the payer’s ability to pay. Our lawyers have vast experience in spousal support negotiations and litigating issues when necessary. We are ready to use this knowledge and experience to gain a favourable outcome for your case.
Collaborative Family Law Matters
- Mediation
- Cohabitation agreements
- Prenuptial agreements
- Separation
