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Divorce and Separation

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Whether you're facing the challenges of dividing assets or determining what is best for your children, we are here to offer strategic advocacy and unwavering support during this critical chapter of your life. The delicate intricacies of separation require lawyers who are understanding and empathetic. Being based in Truro, the hub of Nova Scotia, allows us easy access to serve you wherever you live in the province. Our legal team recognizes the emotional and legal complexities that often accompany the decision to separate. We tailor our advice so that your issues, concerns, rights and responsibilities are known and prioritized. 

We are here to answer your questions.

How Do I File for Divorce?

Filing for divorce involves a series of legal steps, and the process may vary based on your jurisdiction, including Truro and Halifax, Nova Scotia, where Paquet Law serves clients. Firstly, ensure that you meet the residency requirements and legal grounds for divorce in your area. Seek legal advice to understand your rights, responsibilities, and the specific requirements for divorce.

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It's recommended to consult with our experienced divorce lawyers to ensure your divorce filing is accurate, complete, and aligned with your best interests.

What Are the Steps in a Divorce Proceeding?

The steps in a divorce proceeding may vary based on jurisdiction, but here is a general guide that applies to many regions, including Truro and Halifax, Nova Scotia, where our firm operates:

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  1. Consultation: Begin by seeking legal advice to understand your rights, responsibilities, and the specific requirements for divorce in your jurisdiction.

  2. Eligibility Check: Ensure that you meet the residency requirements and legal grounds for divorce in your area.

  3. Document Preparation: Gather necessary information and work with your lawyer to complete the required divorce forms, including a petition or application for divorce.

  4. Filing: Submit the completed forms to the appropriate court along with the filing fee. This officially initiates the divorce process.

  5. Service: Provide a copy of the filed documents to your spouse following legal requirements, and your spouse may file a response to the divorce petition.

  6. Negotiation/Mediation: Work with your spouse to negotiate terms related to child custody, spousal support, and property division. Mediation may be required in some cases.

  7. Court Proceedings: If an agreement is reached, it is submitted to the court. If not, the court may intervene to make decisions on unresolved issues.

  8. Finalization: Once all issues are resolved, and the court is satisfied, a divorce judgment is issued, finalizing the divorce.

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It's important to note that divorce proceedings can be complex, and seeking legal guidance is crucial to navigating the process effectively. 

How does a no-fault divorce work?

n a no-fault divorce, the legal process does not require one party to prove that the other spouse did something wrong to justify ending the marriage. Instead, it allows couples to seek a divorce without assigning blame. In Nova Scotia, no-fault divorce is often based on the grounds of irreconcilable differences, breakdown of the marriage, or living separately for a specified period. The process typically involves filing a petition for divorce, and if both parties agree, they may proceed with an uncontested divorce, simplifying the legal proceedings. Issues such as child custody, spousal support, and property division are then resolved through negotiation, mediation, or court intervention, depending on the level of cooperation between the parties. A no-fault divorce provides a more amicable and less adversarial approach to ending a marriage, emphasizing resolution and cooperation over assigning blame. For personalized guidance on your specific situation, consult with our experienced divorce lawyers.

What Are Grounds for Divorce?

Most jurisdictions now offer a "no-fault" option, where neither party is required to prove wrongdoing. Common no-fault grounds include irreconcilable differences, breakdown of the marriage, or living separately for a specified period.

How does adultery or infidelity affect divorce proceedings?

Adultery or infidelity can have implications in divorce proceedings, although the extent varies depending on jurisdiction and individual circumstances. In many places, including Truro and Halifax, Nova Scotia, where our firm operates, divorce is generally considered a "no-fault" process, meaning that grounds such as adultery may not be the primary factor in determining spousal support, property division, or child custody. However, it could influence certain aspects, such as alimony or financial settlements, if it can be proven to have directly impacted the marital assets or financial stability. Adultery may also play a role in negotiations related to child custody if it affects the well-being of the children. It's crucial to consult with our experienced divorce lawyers to understand the specific implications in your case and how to navigate the legal process effectively.

Is legal separation the same as divorce?

No, legal separation and divorce are distinct legal concepts. Legal separation involves a court-approved agreement that outlines the rights and responsibilities of spouses while they live separately. It addresses issues such as child custody, spousal support, and property division without formally ending the marriage.

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In contrast, divorce, or dissolution of marriage, is a legal process that terminates the marital relationship. It goes beyond separation by legally ending the marriage, allowing both parties to remarry.

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While legal separation can be a precursor to divorce, not all separated couples proceed to divorce. Some may choose to remain legally separated for various reasons, such as religious beliefs or financial considerations.

Tell Us About Your Case

If you need us to contact you at a specific time, or if you would prefer that we do not leave a message, please let us know. We always do our best to ensure your peace of mind. 

CONSULT WITH OUR EXPERIENCED TEAM

(902) 893-0069

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