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4 myths about getting a divorce in Canada

4 myths about getting a divorce in Canada

When you decide to get a divorce, almost everyone around you will try to offer you advice. Much of this advice, no matter who well-meaning it might be, will include several widely believed myths that could easily steer you down the wrong path. Here is the truth about four of the most often repeated myths about getting divorced in Canada.

Women are more likely to get child custody

Many people take it as a given that the mother will get custody of the children. This myth says that the father either doesn’t stand a chance or will have to fight extremely hard to prove that he should get custody. There is a reason why this is accepted as common wisdom: it used to be true. However, it is no longer the case. There was a time when Canadian courts, as well as those in many other parts of the world, believed it was almost always for the best for children to go into the custody of their mother after a divorce. Things have changed - today, the courts will weigh all pros and cons, consider the arguments, characters, and capacities of both parents, and then make an informed decision regarding custody.

Divorces include furious battles that end up in court

There is a common perception that divorce is always a dramatic affair, with plenty of fighting both in and out of court. The truth is that, while it may sometimes be that way, it is most often not. If both parties agree that divorce is the correct course of action, there is no reason why there should be any acrimony. The divorce process can be civilized and relatively painless.

Divorce cannot happen until both parties have signed the papers

The general belief is that divorce cannot be finalized until both parties have agreed and signed the papers. This is not entirely true when it comes to divorce in Canada. It is possible to file for divorce unilaterally for two primary reasons: in the event that your spouse is mentally unfit, or if you have been in a state of separation for at least one year and one day. In these cases, only one signature is required to conclude the divorce.

You or your ex-spouse can deny visitation of children

Neither of the parents has any legal right to deny the other to see their children. Some people will try to do this in situations where their ex-spouses are failing to make their court-ordered child support payments, but there is no legal basis for them to do so. Child support and child visitation are two separate issues. A custodial may apply to the court to deny the other party visitation rights. However, they had better have a good reason for doing so, or the court will not grant their application. A custodial parent can certainly never summarily deny an ex-spouse the right to see the children.

Divorce is a difficult experience, but the process of getting divorced does not have to be. As these dispelled myths make clear, the process can be smooth, civilized and guided by the law, rather than driven by emotion. SplitEasy helps to make the process even easier by providing the completed documents that you will need for your divorce, whether you are doing it yourself, or taking the case to court. Contact us for more information.