Forget The Holidays, Divorce Month Is Quickly Approaching

January 6th, 2014 by Dan Stone

Once the hustle and bustle of the holiday season has come to an end, you may, like many other Canadians, be thinking of divorce or separating from your spouse. January is usually the busiest month for family lawyers and has been coined, “Divorce Month”. To that end, you may be wondering, what should I be doing in December before separating in January?

1. Consider marriage counseling. If you are unsure as to whether your relationship is irreparable, marriage counseling may be able to help you and your partner work through some of the difficult issues you are facing. If it proves unsuccessful, you may then work with your partner and counselor towards developing a plan to inform your children, families and support networks in a healthy and positive manner.

2. Consult with a reputable family law lawyer. You need to be aware of and understand your rights and obligations within the legal framework in order to approach the separation reasonably and without causing any harm to your partner, your children, and yourself as a result of making hasty decisions that do not accord with the law.

3. Talk the talk. If it is possible, speak with your partner about how you would like to move forward with your separation. Agreeing on a particular process in advance of any heated dispute will keep you focused on resolving the issues surrounding your separation as amicably as possible. What is even more productive and cost-effective is if you and your partner can work together to produce an agreement on one or more of the issues resulting from your separation, subject to any advice your respective lawyers will have.

4. Begin collecting your financial disclosure. The exchange of full financial disclosure with your partner is always recommended. This financial disclosure forms the basis upon which negotiations for settling property, child and spousal support issues may reasonably and openly occur. Begin gathering your financial disclosure as soon as possible, because it often takes longer than you think it will.

5. Avoid behaving recklessly. Unless you want to enter the expensive, back-logged and arduous court system in the blink of an eye, maintain the status quo in terms of your financial responsibilities and best interests of your children. While going through a separation is often grueling, you do not need to make it worse for yourself and your family.

For more information on Divorce Month, divorce or separating from your spouse, please contact DSF Toronto family lawyers.


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