Are you planning on getting a divorce? Is your marriage strained and you are tired of it? Here are some myths your Oakville family law will want you to know to protect you from forming some common misconceptions:
#1 “Court will be on my side since my spouse cheated.”
Just because your spouse has cheated on you, the courts will not favor you. The fact that your spouse has cheated does not have any weightage in the court’s decision on how things will be divided or how the childcare is met.
However, property division laws are different in each state. Talk to your Oakville family law about how the property division happens after the divorce is finalized and also about the common-law couples.
#2 “I can’t get divorced because my spouse refuses to sign the divorce papers.”
Television shows often portray that divorce cannot happen until both spouses sign the divorce papers. However, this is not the case. You can get a divorce even with disagreement from your spouse.
If you file an application for a contested divorce, showing the court that the grounds on which divorce can be taken are met or that you have lived away from your spouse for one full year, you can get the divorce. There is absolutely no law which will force you to stay in an unhappy marriage.
#3 “We are common-law; we do not have to worry about paying spousal support or dividing assets.”
If you and your spouse have been staying together for some time but are not legally married, you are in a common-law relationship. Depending on where you live and how long you’ve lived together, you might have to pay for spousal support and also divide the assets.
Factors like children, dependence of a common-law spouse on another, laws regarding common-law couples are the ones to be taken into consideration. Talk to your Oakville family law about it before going for a divorce.
#4 “I can keep the house which I bought before I was married”
You will have to share about 50% of your property with your spouse if you are married. The percentage when you are a common-law couple is decided by the court. The only way you can refrain from sharing your property is if you have signed a legal agreement beforehand saying that the property will not be shared after divorce. Seek advice from your Oakville family law to understand how the property is shared when you split with your spouse.
#5 “I will lose the house if I move out of it.”
Even if you are not physically present in the property which you are entitled to, you will still be getting the fair share of your property after the divorce. The court will consider things like mortgage payments, equity etc while diving the asset. So, move out if you do not feel comfortable in that house.
#6 “After the divorce, my pension will be mine and my ex’s will be his/hers”
CPP credits and pensions are divided in the court like other assets. Talk to your Oakville family law to find out about how the pension is divided.