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Divorce mediation may be right for you

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Thursday, January 14, 2016.

In order to get a divorce, you might think that you can snap your fingers and it will happen. There are actually timeframes that are constructive to getting a divorce. It can be an emotional time and divorce mediation may be the way that you want to proceed.

If you and your spouse don’t hate each other and want to get a friendly divorce, mediating between you, your spouse and both of your lawyers can be a good idea. There are some things you need to do before the divorce is final. The first step is living apart. You must have lived separately for at least a year before filing for a divorce. This gives you plenty of time to work out the details of the divorce, things like property distribution and child support and custody. One way to speed things up is to prove that one of you was abusive or committed adultery. This makes it a quicker process.

Step two is filling out a form and filing it at the British Columbia provincial or territorial ministry of justice or the attorney general’s office. Your lawyer can do this for you. This way, you know it is done correctly.

You can file for an uncontested divorce. This will ensure that the separation happens in a timely manner. You submit the divorce application on behalf of both of you. Again, your lawyer can do this for you. Your application can be filed in British Columbia and will be reviewed by the Divorce Registry. This office sends notice to your spouse who has 30 days to contest it.

The fourth step is to complete all the paperwork that needs to be submitted. This includes Affidavit for Divorce, Clerk’s Certificate, and A Divorce Order.

One month after the Divorce Order is issued you can get your Certificate of Divorce. This is a process typically requiring the assistance of a legal professional.

Source: FindLaw, “Five steps to a quickie divorce,” accessed Jan. 14, 2016

Coquitlam Lawyers

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Seriousness of child support arrears

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, January 7, 2016.

Statistics show that close to two-thirds of Canadian child support payments are in arrears, amounting to nearly $3.7 billion. In British Columbia, parents owe $538 million in past due child support. While the reasons for these past due payments may vary greatly if more parents exercised their legal options this figure could likely be substantially decreased.

While much of the legal system is geared more toward making sure those who are on the receiving end of the child support payments get their monies, those who are unable to make their payments also have some legal options. The challenge is that it can be very difficult to convince these parents to go into the courts and explain their situations. Many believe that the courts will not care about their circumstances or that they will start enforcement procedures against them by doing so.

Unfortunately, ignoring the issues doesn’t help either. Unpaid child support payments will eventually be acted upon by the child support enforcement agency, and enforcement methods run the gamut from wage garnishment to revoking a driver’s license. To avoid these consequences, it is crucial to talk with a lawyer about your legal options and how best to go about trying to present your case to the courts.

Having experienced legal representation by your side takes some of the stress and anxiety out of the situation and can help ensure you are well informed and prepared going forward. It also ensures that you fully understand the pros and cons of any action and can get all of your questions answered before deciding on an option.

Lawyers Coquitlam

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370
www.laughlinlaw.ca/