Victoria Divorce Lawyer:  When Do You Need One?

A Victoria divorce lawyer:  are you looking for one?

At Hemminger Law Group, a principle area of our practice is family and divorce law matters.

When People Separate They Have Three Choices:

When people separate, they have three choices:

1. Do Nothing:

2. Enter into a separation agreement; or

3. Get a court order.

When entering into a separation agreement or obtaining a court order, a Victoria divorce lawyer is what they need.  

Choice One:  A Person Might Choose to do Nothing:

The parties can choose to do nothing. That is, they can simply lump along without an order or agreement and simply hope things work out. Some people are content with this. My sister did this when she separated from her husband. Although she had two young children, she was not interested in pursuing child support or organizing any parenting plan. She was simply content to move on with her life and get on with the job of parenting her children without the necessity of a formal court order or agreement. Although this worked for my sister and her children, it is not a satisfactory solution for most people.

Choice Two:  They Might Enter Into a Separation Agreement:

In our experience, most people, when separating from their spouse, want to enter into a separation agreement. The agreement will cover such things as:

  • How to divide assets;
  • How to divide debt (a sad truth nowadays);
  • How the parents will make decisions about kids;
  • Determining the amount of child support, if any;
  • Determining the amount of spousal support, if any; 
  • Determining when kids will be in each parent's care.

Your Victoria divorce lawyer can help you enter into a separation agreement dealing with all of such matters. Once your separation agreement is signed and executed, it can have the same force and effect as a court order. 

At Hemminger Law Group, your Victoria divorce lawyer will start with what we think of as the velvet glove approach. The truth is that people when separating from their spouses, want to get an agreement "without going to war". We are there to help them do that. 

The thing is that in order to obtain a separation agreement, both parties, with the assistance of their legal counsel, have to "agree." Sometimes, however, a person's ex-spouse may be entirely unreasonable. When dealing with an unreasonable or tremendously difficult ex-spouse, sometimes a separation agreement is not possible. For whatever reason, the ex-spouse is not willing to make an agreement.

One case that comes to mind is our client, I will call him Paul. Paul and his wife separated after ten years of marriage and had a six-year-old girl and four-year-old boy. Despite Paul being a totally "hands on" Dad since the time of the children's birth, his now ex-spouse was dead set against him having any meaningful parenting time with the children.

Paul's ex-spouse was angry at him for ending their unhappy marriage. Because of this, she would not agree to the children having an ongoing relationship with their Dad. 

We were unable to help Paul enter into a separation agreement because his ex-spouse would not agree.

Choice Three:  Go To Court and Have a Judge Decide

Sometimes, when people cannot agree, a court order seems like the only option available. Rather than the parties making a decision for themselves, they ask a judge to decide. A judge can make a decision about how much support is being paid, how parties will parent children, or dividing assets.

As in the case of our client named Paul, we had to go to court. Paul had to either go to court or accept that his ex-spouse would effectively cut off his relationship with his children. For Paul, losing his relationship with his kids was not an option. So, we went to court. 

At Hemminger Law Group, it is our practice to use the court as a last rather than a first resort. With Paul, who felt that he had no choice, we were able to represent him in court and obtain a court order allowing his children to be in his care half of the time. Regardless of what Paul's ex-spouse's position is, Paul is a real and involved parent to his kids. 

Your Victoria divorce lawyer will help you with your family matter. Although we choose to start with trying to get an agreement, sometimes we need to use the assistance of the court and the provisions of the BC Family Law Act to intervene.

By Val Hemminger, Divorce Lawyer

Your Victoria Divorce Lawyer Will Help You Make a Choice Contact Us At Hemminger Law Group Law Corporation

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