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Going through a divorce can be challenging, but misinformation shouldn鈥檛 deter you from making the right choice for your family. Debunking misconceptions can go a long way in ensuring a smoother process.聽

Misconception #1: Separation Is the Same as Divorce

Under Canadian law, the Date of Separation can sometimes be referred to as the 鈥減oint of no return鈥� where couples can no longer resolve their marital problems. Sometimes, couples may sleep in separate bedrooms or live in different homes, or they continue to reside in the same house but as separated spouses. But without the proper legal document, namely a court order decreeing you divorced, you cannot call this a divorce. 

Misconception #2: An Affair Costs More

Victims of cheating often fall prey to common misconceptions about a British Columbia divorce by assuming they are entitled to more money to make up for the pain they鈥檝e endured. Conversely, perpetrators of cheating may fear having to compensate their spouse financially for the indiscretion. In actuality, such conduct has little bearing on financial agreements in divorce, unless it gets in the way of one鈥檚 ability to raise a child.

Misconception #3: Mothers Get Custody by Default

When clarifying divorce myths, it鈥檚 important to remember that neither parent gets special treatment. The job of the law is to act in the children鈥檚 best interests by weighing the evidence impartially to ensure an outcome consistent with the child鈥檚 needs. Nevertheless, keep in mind that both parents (provided they lived with the child before separation) share guardianship and parenting responsibilities equally by default, unless a judge otherwise orders. 

Misconception #4: Children 12 and Older Can Pick a Parent to Live With

Law in British Columbia does not give children of any specific age the right to choose which parent they want to live with after a divorce. That doesn鈥檛 mean children have no voice in the matter. Depending on the child鈥檚 age and awareness of the situation, a judge will consider their views when deciding on parenting arrangements, unless it is inappropriate to do so. But, even though the child may have a voice in the matter, it does not necessarily mean they choose. 

Misconception #5: You Can Handle All of This Without a Lawyer

Even couples who reach an amicable agreement may benefit from the services of an experienced legal professional to learn about rights during a . A lawyer can help you protect your assets, interests, and rights. Also, a lawyer can ensure that your verbal settlement agreement with your ex spouse is accurately reflected in your written separation agreement.

Contact 海角社区 & Mediation for Help With Your Case

If you鈥檙e facing a divorce, let the team at 海角社区 & Mediation represent you. When going through a divorce, getting to a fair settlement is the ultimate goal. 海角社区 & Mediation uses a mix of negotiation, mediation, and litigation to get clients the best possible outcomes with the least amount of stress and unnecessary cost. Call (604) 560-8285 to with a divorce lawyer in British Columbia.