6 myths about getting a divorce
If you?re at the point in your marriage where you?re considering ending it once and for all, you may already be making decisions based on misconceptions about how divorce works.
We asked Laura Paris, an associate with Shulman Law Firm in Toronto, and Sarah Dargatz, a partner at Latitude Family Law in Edmonton, to bust common divorce myths. Note: The information provided applies to people living in Canada, and it may not be accurate for other countries.
1. MYTH: ?My spouse cheated, so the court will be on my side.?
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Making it through your divorce ?Once upon a time, courts may have considered if one party was at fault, but that hasn?t been the case for quite some time,? says Paris. ?There is no sympathy from the courts as to why a relationship broke down. It?s a no-fault divorce system, and the fact that a spouse was unfaithful has no bearing on how things are ultimately divided or how childcare responsibilities are arranged.?
This is true across Canada, adds Dargatz, because the Divorce Act is a federal statute. However, laws dealing with property division after a marriage breakdown differ from province to province. And if you?re in a common-law relationship, the Divorce Act and matrimonial property laws don?t apply to you. Each province and ter...
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