Divorce Lawyer Services British Columbia
Divorces can sometimes be difficult, not only having regard to the psychological journey of the process itself but also having regard to the documentary steps necessary to resolve all the issues and obtain your Divorce Order.
Your lawyer will handle most of the process for you- from the paperwork to dealing with the Court and ensuring that time limits and Court Rules are respected- but you will have certain responsibilities of your own, including supplying information to your lawyer about your case, vetting and signing documents for settlement and Court, supplying any information about your case and providing important documents such as tax returns and proof of the source of any excluded property.
BEGINNING YOUR CASE
Your initial consultation introduces your lawyer to the facts and issues of your case. It is very helpful if you are able to provide a chronological account of the relationship and dates of commencement of the relationship and date of separation. In advance of your initial consultation you will be asked to fill out an in depth questionaire. This saves a lot of time for the lawyer and permits you and your lawyer to focus on the actual issues at your appointment rather than collecting the facts. Your appointment will therefore focus on discussion regarding the legal strategy as regards your matter and whether there are any complications which may affect settlement. You may have specific insights as to how your lawyer should approach your matter. You are very much a part of the process and your lawyer should value your input in this regard.
You and your spouse may still be on civil terms. If you are able to discuss the issues respectfully, you can minimize the involvement of lawyers and Courts but you will still need a lawyer to document your Agreement properly. You will likely prefer a lawyer with a flexible and cooperative approach. Self-drafted Kit Agreements and Kitchen Table Agreements should be avoided because they can lead to many problems later on which can be fatal and not capable of correction.
Alternatively, if you are expecting a contentious separation or if there is a history of violence in the relationship, you may prefer your lawyer to take a more contentious approach from the outset, even filing restraining Orders if appropriate. The particulars of each case and the personalities of the Parties themselves often determine the best way to proceed and it is very important that you are able to discuss matters productively with your lawyer to determine the most appropriate strategy in your case.
YOUR ROLE IN THE DIVORCE PROCESS
You can expect to be actively involved in your family law file. You will need to be readily available for contact with your legal counsel throughout your file and should advise your lawyer if you anticipate being absent from the area for any extended period of time.
You can also expect to produce documentation in support of your version of events and the extent of family property and family debts. Only very rarely will you need to be present in Court. Your lawyer will advise if your presence is required.
EXPECTED TIME TO COMPLETE YOUR CASE
It is understandable that you wish your Divorce finished and behind you as quickly as possible. Although Agreements that do not involve a division of occupational pensions can be drafted very quickly if necessary, your spouse may not be cooperative. Court proceedings can be a very slow process.
Production of financial information can also be frustratingly slow. Available court dates can be very limited. Lawyers calendars can be chock full. If you need your lawyer’s ear at any time, telephone contact may be limited by competing appointments with other clients. However, you can always access your lawyer by making an appointment, either by telephone or in person.
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Once you start the legal process with a lawyer, your matter should naturally propel towards conclusion. At TLC Law we are here to help finalize one Chapter of your life so as to allow you to move on to the next. Contact TLC Law for more information.