Divorce & Separation
At Laschuk Law, our approach is centered around clarity, respect and professionalism. We do all that we can to inform you and help guide you through this possibly turbulent period in an effective way that focuses on the big picture.
It is natural to worry about where you will live, how financial issues will play out, and what new parenting arrangements might look like. Laschuk Law aims to educate you about your rights and responsibilities, and clarify what your options are. We can help you navigate the paperwork and decisions involved in separation and divorce. The goal throughout is a positive resolution for you and your family.
Accordingly, negotiation and reasonable cooperation with the opposing party are the usual first objectives. Perhaps mediation, arbitration or some other ‘dispute resolution’ process will be appropriate. However, since not all situations call for (or even allow) friendly negotiation, I will take a harder stand or go to court to protect your interests if required.
Divorce & Separation
Separation is a simple idea: you must simply start living “separate and apart” from one another, whether under the same roof or in separate homes. For married couples, separation indicates the initial breakdown of your relationship but does not release you from the bonds of your marriage. For unmarried couples, including those who qualify as “spouses” under the Family Law Act, separation is all that is needed to end your relationship.
The date of separation is important, since issues relating to limitation periods and the division of property/debt flow from that date. The law differs depending on if you are a married or unmarried couple. Speak to Laschuk Law for more details.
Divorce is the legal dissolution of a valid marriage. To obtain one, one spouse must sue the other in the Supreme Court, and at least one of you
must have been “ordinarily resident” in BC for the preceding year. There must be proof of a “breakdown of the marriage”, which can include: living separate and apart for one year, adultery, or cruelty. These are normally