Category Archives: Separation

When Can A Child Legally Decide Where They Want to Live?

The issue of where a child should live following a divorce or separation is a common one.  Parents constantly tell me that their child is telling them which parent they want to live with.  The question often becomes how to ensure that the child’s voice is heard and given proper attention, without allowing them to … Continue reading When Can A Child Legally Decide Where They Want to Live?

How can I reduce the stress and emotions that always seems to go along with separation and divorce?

As we lead into the holidays, it always seems as though there is a surge in phone calls at my office for consultations.  No matter what the reason, or when separations occur, it is likely going to be an emotionally stressful time for families. There are ways to reduce the trauma and stress that families going … Continue reading How can I reduce the stress and emotions that always seems to go along with separation and divorce?

What is the Difference Between a Legal Separation and a Divorce?

The first step in separating is living “separate and apart” from each other.  This may occur when parties are still living under the same roof or when they physically transition into two households (see archived articles at www.kindrachukdobson.com for more details). Once separated, there are a number of decisions which must be made before a … Continue reading What is the Difference Between a Legal Separation and a Divorce?

The Role of Lawyers in Family Mediation

When families meet with me and wish to use Mediation to resolve their issues relating to their separation and divorce, they often ask whether they need to have a lawyer as well, or if I can finalise everything (being that I am a lawyer and a mediator). Often clients want to use mediation instead of … Continue reading The Role of Lawyers in Family Mediation

I’m married, but separated from my spouse. Can I get a divorce right away or is there a waiting period?

Yes, if you are part of the 95% of the divorcing population, you will have a one-year mandatory waiting period before you can get from being separated to being divorced. If you have had a breakdown in the marriage, in your court documents you have to state your reason for the divorce. You have 3 … Continue reading I’m married, but separated from my spouse. Can I get a divorce right away or is there a waiting period?

How do I make a “parenting schedule” with my ex when dealing with oilfield hours?

Many separating and divorcing families in our area face this problem of trying to create a schedule to spend time with their kids, but face the challenge of the unreliability of their work hours in the oilfield service industry.  How can this be overcome? I like to re-define the phrase “parenting schedule” when we’re talking … Continue reading How do I make a “parenting schedule” with my ex when dealing with oilfield hours?

If my spouse and I still live under the same roof, can we be considered to be “separated”?

In a nutshell… yes. If you want to rely on the one-year separation period to get a divorce, you must be living “separate and apart” for that length of time. To prove this separation, you must overcome two hurdles: physical separation and the intention to bring the marriage to an end. If you are living … Continue reading If my spouse and I still live under the same roof, can we be considered to be “separated”?

Do I need a separation agreement before I can get divorced?

Technically… no, you don’t need a separation agreement in order to get divorced.  You can set out your agreements in your divorce application, but it can get extremely complicated to do so if you don’t have all the details worked out.  In an agreement, usually the items set out include some or all of: a … Continue reading Do I need a separation agreement before I can get divorced?

I have been separated for 10 years and would like to get a divorce. Do I have to go to court? Are there any limitation periods?

Whether you have been separated for 10 days or 10 years, the question of whether you have to go to court or not is this: have you dealt with your marital issues fully and finally? When people say that they had a “complicated divorce” it usually means that they experienced conflict in dealing with some … Continue reading I have been separated for 10 years and would like to get a divorce. Do I have to go to court? Are there any limitation periods?

Does my Canada Child Tax Benefit change when I separate from my spouse?

When you separate from your spouse (common-law or married), your entitlement to government benefits may change significantly. Remember, the amount of your CCTB and your GST credit payments is dependent on your family net income based on the information Canada Revenue Agency has from your income tax returns. Once you have been separated for 90 … Continue reading Does my Canada Child Tax Benefit change when I separate from my spouse?