Regardless of the equation between two spouses, divorces are never easy. Besides the emotional trauma, divorces often have legal, financial and other complications. Child custody, child support, spousal support & alimony, and distribution of assets & debts are often common concerns. If you want to file for divorce in Quebec, the first step is to understand the requirements and grounds, for which you must consider getting legal help. Someone like Andrew Heft family law attorney can help you get a fair idea of your situation. Here is a quick overview of filing for divorce in Quebec.
Requirements and grounds
You don’t have to be married in Quebec to file for divorce, but either of the spouse must have lived here for one year on a continuous basis, before proceedings can be initiated. As for the grounds for divorce in Quebec, ‘breakdown of the marriage’ is often the reason. Separation for one year is required, to get the judgement of divorce, but you can start the proceedings immediately after you have started living apart. In the filing, it is mandatory to mention the date of separation. In case one year has not elapsed and divorce cannot be granted, provisional judgements can be issued to sort some of the issues between the couple.
Spousal misconduct is often one of the main grounds for divorce. Mental & physical cruelty, and adultery are included in this category. However, spousal misconduct doesn’t usually impact the decision taken by the judge with regards to matters like division of assets and child custody.
Quebec law allows for annulment of marriage, and there are various grounds for it. A couple can ask for annulment of marriage within three years.
Hiring a family law attorney
Hiring a family law attorney is an absolute must, even if you think that matters are not that bad with your spouse. Besides representing you in the case, your lawyer is also responsible for protecting your interests and offering the best possible advice on various matters. If things have to be settled outside court, or there is a need to negotiate with the other party’s lawyer, your attorney will take care of everything. Also, family law attorneys can guide you on how to minimize your financial and other implications, so that the divorce is as smooth as possible.
Contact the right law firm to understand your circumstances better, before taking the next step.