Friday, November 11, 2005

Residency requirements

To file for divorce anywhere in Canada you must be living in Canada now and you must have been living in the same province (or territory) that you file in for the past 12 months. An example will be much easier to follow. It's a pretty basic formula. Weight loss wars - I would end the article right there... Well, as we all know, water is a fluid that directly passes your colon, so drinking water can flush away those toxins and unwanted fats. Yes, dieting is hard, but that is no excuse to resort to unhealthy weight loss methods to lose unwanted weight. While the conscious mind reasons and argues, the subconscious simply responds. So, how do you do the amen solution review? With this you can also create a weight loss percentage graphic - actually drawing your progress at certain points. That inner drive, the motivation and the belief are all things that has to come from within you which is what really matters when you are trying to lose weight.

Let's say you are an American and you married an Australian 4 months ago in Hawaii. So far there's nothing about Canada but it doesn't matter. All that matters is where you live now and how long you have lived there.

Let's say you now live in Victoria, BC. You moved there last week. Before that you lived in Vancouver, BC where you had lived for 3 years. Under all those circumstances you can indeed file in BC because you meed the 12 month residency requirement. You can file on your own or jointly with your Australian spouse who now lives in Japan.

Registering your Separation Agreement

Many people ask what they should do with their separation agreement once it has been signed. Most just assume it should be filed or registered somewhere. Actually it is not necessary to file or register an agreement unless you need help enforcing it.

If child or spousal support is provided in the agreement, most provinces have a maintenance enforcement program which collects the payments if the agreement is registered. If some terms of the property division are not being adhered to, an action can be taken in court by filing the agreement and asking the court to enforce it.

However, if all is going well and both parties are abiding by the terms of the agreement, you may never need to file or register it at all.

Friday, September 02, 2005

Can you be separated and still live together?

Q: Can you still live in the same house but be considered separated?

A: Yes, the key is not where you reside but what kind of relationship you
have. If you have stopped acting like a married couple - going places
together, sharing things, doing thins for each other, making plans and
decisions together, etc. then you may be separated even if you continue to
reside in the same house.

Thursday, August 11, 2005

Divorce or Separation Agreement: which to order


Q: My Wife and I want to get divorce, but we don't know which are the
differences between a Legal Separation Agreement and a Divorce documents.
We want to know this to make sure what we need to order from your online
service.

A: A divorce will end your marriage but will not tell you how your property
and debts will be divided. To use our service, if you just want to end your
marriage, order the divorce documents. If you want to deal with property
issues, or issues dealing with spousal support, child custody, access and
support, then order the divorce documents and the separation agreement.

Support Desk
support@divorceonline.ca
www.DivorceOnline.ca

Friday, July 22, 2005

Where do I obtain a Certificate of Divorce?

To obtain a Divorce Certificate you need to contact the court office in the province where the divorce was processed. Let's say you have been divorced for several years and can't recall where the divorce was processed. You can contact the Central Registry of Divorce Proceedings for Canada, located in Ottawa. They will be able to tell you where your divorce was filed. Contact them at:

Telephone: 613-957-4519
Facsimile: 613-941-2520
Web Site: http://www.canada.justice.gc.ca/en/ps/flas/crdp.html"

Thursday, June 16, 2005

Extramarital Affairs

Here's some more information on how to deal with an extramarital affair.

Children and Divorce

There are some good (but short) articles on divorce and separation at www.Divorce-Online-Canada.com.

Thursday, June 02, 2005

How much spousal support?

Q: My husband is in possesion of the maritial home he is willing to buy me
out i would like to no how much i am entitaled to in support his income is
45,499.33 mine is 13,409.58 we were married 19 years with two children both
grown

A: Providing specific legal advice such as this is beyond the scope of our
service. However, you might be interested in the recently released federal
spousal support guidelines available for viewing at
http://www.justice.gc.ca/en/dept/pub/spousal/project/spousal_support_advisor
y_guidelines_e.pdf

We hope this is helpful.

Support Desk
support@divorceonline.ca
www.DivorceOnline.ca

Relief from divorce court filing fees

Q: I am only on a CPP and disability Pension and Have three Kids and i am
really not able to afford to pay for a divorce although i have been
seperated from my wife since 1998. It would be nice to beable to get a
divorce so that i could remarry with my common law spouse some day. But as
i stated before i do not have the ability to pay for a divorce please if
there is anything or you know of anyway that i could get a divorce please
contact me it would be greatly appreciated. I look forward to hearing or
receiving an email regarding this matter.

A: In some jurisdictions it is possible to apply to the court to waive the
court fees. That would leave you with the cost of having the divorce
documents prepared as your only cost. In some jurisdictions the legal aid
system will do your divorce for you but usually only after a long wait. You
should consult your local legal aid office about this.

We hope this is helpful.

Support Desk
support@divorceonline.ca
www.DivorceOnline.ca

Friday, May 27, 2005

Child support for kids from prior relationship

Q: She has 2 kids from previous relationships, and they are not my kids biologically of course. When we order your separation agreement we will mention this in the extra space provided, with her mentioning that she is seeking NO support of any kind, nor will she need to in the future. Will this cover cover me legally from any future responsibility should she ever harbours ill will towards me? We were only married for 4 months before separating. We get along well now, but I want to cover my butt here.
 
A: We cannot provide legal advice. However, we can provide the following general information:
 
- when it comes to children, under some circumstances the courts will rewrite separation agreements.
 
- being very clear about the circumstances and the reasons for not paying support in the agreement will help keep the courts from changing it. You should tell us if the natural father is paying support, whether there will be any ongoing relationship between you and these kids, whether during the marriage the kids have become financially dependent on you in some way that will affect them in the future if your support ceases, and what, if any, other aspects of the agreement will benefit the children (in other words, are you giving anything else up such as property or money in exchange for your wife waiving her claim for child support.
 
- agreements signed after both parties have received independent legal advice (from separate lawyers) have a greater chance of holding up later in court if one of you challenges it.
 
We hope this helps.