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August 2014 Archives

Divorce doesn't have to be a battle

Here are some common assumptions about divorce: it has to be acrimonious; it has to be litigious; it has to be expensive; it has to be time-consuming; it has to compromise your dignity. While divorce is certainly a major upheaval, there is no rule saying that divorce has to be a devastating battle. Alternative dispute resolution is a cost-efficient, low-conflict way of ending a marriage, and more Canadians considering divorce should be aware of their options for making the process as smooth as possible.

Divorce: How is property divided between joint tenants?

In matters of asset division in divorce or separation, the law can be complicated. For example, when a couple divorces, there may be questions of ownership with regard to the family home. While a prenuptial agreement can help you avoid confusion by stating exactly what each spouse will receive in the unfortunate event that the marriage ends, many couples don't have such an agreement and may be unsure of their rights.

What criteria are considered in child mobility disputes?

After a divorce or separation, a parent who has access to his or her child has a right not only to spend time with the child, but also to receive certain information related to the child's well-being. For example, a parent with access may ask the parent with primary custody to provide information about the child's health care and education.

Is it ever too late to settle divorce matters out of court?

If you are going through a divorce or separation, at any point in the process you can choose a method of alternative dispute resolution (ADR). Through arbitration, mediation or collaborative law, couples can reach agreements on issues ranging from child care to property division. Many divorcing or separating couples find ADR to be a cost-effective process that leads to positive outcomes based on consensus.

Canadian mother imprisoned during complex child custody case

Many separated or divorcing parents negotiate through mediation to establish effective child custody arrangements. Even when there is hostility between parents, it may still be possible to achieve family-specific, out-of-court solutions by prioritizing the welfare of the children. Generally, peaceful collaboration is the most efficient way of creating a parenting plan for the long term.

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