Deciding to Divorce

In addition to the emotional stress involved, getting a divorce can be time consuming and expensive. If you have children, shared property such as a home, or other jointly held assets, a divorce can be extremely complicated legally and financially. Even without the financial headaches involved, a divorce can cause both you and your spouse a tremendous amount of grief, and the decision to divorce should not be taken lightly.

Suing for Divorce

In Canada, it's a legal formality for one party to sue the other for divorce. A marriage is considered a legal contract. In order to end the contract, either you or your partner must sue regardless of whether there are any actual disputes involved in the divorce.

Financial Consequences of Divorce

The act of getting married linked you both in a financial sense, and those ties will need to be undone so you can move forward in your separate lives. In many cases, it's possible to agree to a fair division of assets and simply leave it at that.

You and your spouse will need to update your wills, insurance papers and other legal documents. These things may seem minor, but you must realize that any documents that name your spouse as a beneficiary will become invalid upon divorce. If after attempting to reach a fair settlement you and your spouse are unable to agree on the division of assets, you'll each need to hire an attorney to represent you in court.

Child Custody and Child Support

If your divorce involves custody rights to children, you're almost certain to end up in court. In many cases, one parent will be required to make child support payments to the other. Remember that the courts are doing their best to ensure your children are properly cared for. Loss of custody and an order to pay child support can cause serious resentment, but you must be prepared for this eventuality before you file for divorce.

Like marriage itself, a smooth divorce is all about give-and-take. Be reasonable or you risk making the process even more difficult. At the end of the day, a level head and a diplomatic approach will save you time, money and, most of all, grief.