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Lethbridge Divorce Lawyers:
Divorce related issues in Canada are dealt with by the Divorce Act. The very basic element when seeking a divorce is for the spouse/s to prove that the marriage has fallen apart and there are irreconcilable differences between the spouses.
Following are the detailed reasoning based on any one of them either of the spouses can apply for a divorce:
a. there has been separation between the couple for an year or more with the intention or thought that the relationship is over (this is by far the most common reasoning for divorces in Canada); or
b. either of them has had sexual intercourse with a third party and has not been pardoned by the spouse for this act; or
c. any of the spouse has physically or mentally tortured (including violence and mental anguish) the other leading to a situation that it is unthinkable of being together with such spouse.
In respect of (a) above, separation does not imply that the spouses need to be living in separate abodes. Separation may be effective even when spouses are living together in the same house for multifarious reasons, for example, monetary reasons or for the benefit or well being of their children until they attain the age of maturity.
Any of the spouses can apply for a divorce based on any of the foregoing reasoning if the marriage took place in Canada or any other country; hence one need not be a Canadian citizen to apply for a divorce in Canada.
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Whether your divorce is contested or uncontested, divorce is a very difficult and emotional time. Rated as stressful as a death in the family, it’s often a very stressful and heated time. A divorce attorney can ease a great deal of stress by advocating in the best interest of the family, including minor children.
Mediation is an outside service provided by the court. Mediation counselors are neutral third parties whose responsibility lies in helping both sides agree on a contested matter. Mediation may be required depending on the status of the divorce and the ability of the parties to resolve matters outside of court. Your divorce attorney can work with the court to schedule, set and get an order for mediation services – often saving you a great deal of frustration and money.
Hiring an experienced lawyer is essential for knowing your rights, and your children’s rights within the context of the law. Lawyers are knowledgeable about alternate methods for achieving positive outcomes. Retaining a lawyer to protect the best interests of your family and safeguard the family’s interest within the constraints of the law is imperative to protecting the well-being of your children and family.
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