The end of a marriage is never easy, but it does not have to be ugly. A happy divorce is possible. It is true that issues arising from your relationship need to be sorted out. But you and your spouse can choose to work together to resolve any issues and get a divorce without the need for drawn-out litigation. Here is the approach that can lead to getting happily divorced.
How to get divorced in BC
Whether you and your spouse recently separated or have been separated for many years, the only way to legally end your marriage in B.C. is to obtain a divorce order from the Supreme Court of British Columbia court. However, that does not mean you have to go to court. Spouses who come to an agreement can apply for an uncontested divorce.
This is also called a "Desk Order Divorce" in BC and can be done by way of a sole application (by one spouse) or a joint application (by both spouses). For many separated spouses who have resolved their outstanding family law issues, they chose to have a professional family law lawyer prepare the necessary documents and ensure the documents are properly drafted.
When both spouses want to achieve a fair resolution that is in the best interests of their family, there is no need for hostility or aggressive legal posturing.
Negotiating an amicable divorce
For an uncontested divorce order to be granted by the Judge, spouses must first work out important matters arising from their marriage. This may include any parenting issues, child support, spousal support, and division of family property and family debt. Once these issues are settled, the terms are put in a written separation agreement which is prepared by your family law lawyer and then signed by both spouses and witnessed by their lawyers.
The agreed-upon terms can also be included in the Final Divorce Order without a Separation Agreement having to be signed. The separation agreement is then submitted to the court along with the other necessary court forms, and a draft of the final divorce order or the lawyer will prepare the necessary documents for you to sign to have the Judge grant the Final Order which includes the Divorce and the other additional terms you and your spouse have agreed upon.
If the Judge is satisfied with the documentation and the settlement terms, the Final Divorce Order will be signed without either of the spouses ever having to set foot in a courtroom. This approach to divorce is less expensive than a contested divorce. It also gives the spouses the power to decide important family issues themselves instead of handing that power over to the Judge to make a ruling on their case.
Spouses can resolve important issues
For many separated spouses, a general agreement on most issues is already in place. For example, if you have been separated for some time, you likely already have a general parenting routine in place and you may have already agreed on how to split certain assets like vehicles and money in a joint savings account. You may just need help putting it in proper legal language and tying up any loose ends.
There may be outstanding issues such as how to divide the equity in the matrimonial home or how to deal with pensions and investments. A "Happy Divorce" is possible even for spouses do not see eye-to-eye on these outstanding issues. As long as spouses are reasonable and willing to cooperate, a negotiated settlement is achievable.
Challenging issues can be ironed out with the help of an experienced family lawyer. Options such as negotiation, mediation, and collaborative divorce can be explored. They are highly effective tools that allow the parties to have input and move forward in the divorce process amicably.
Trusted legal guidance can help you get a happy divorce
Even difficult issues can be resolved by consent when the main goal is to come to a settlement that is fair to both spouses. Fairness can be assured with the right guidance and experienced legal advice. Valerie M. Little has been a lawyer for over 30 years in the area of family law. She is especially skilled in resolving family disputes outside the courtroom and can use her negotiation and mediation skills to move cases towards a fair and reasonable resolution.
Her various collaborative law skills and years of training inside and outside the courtroom have allowed Valerie to provide solutions and resolve disputes for many families throughout British Columbia. If you need advice from a trusted BC divorce lawyer on how you can achieve a “Happy Divorce”, contact Valerie M. Little Family Law Corporation.
Her office is located in New Westminster and she has assisted clients in Burnaby, Coquitlam, Langley, Delta, Maple Ridge, Chilliwack, Vancouver, North Vancouver, Squamish and Whistler. She will guide you through the divorce process and handle all of the legal paperwork so that you can focus on your life. Call Valerie M. Little Law Corporation today at 604-526-3333 to get your “Happy Divorce” in as pain-free and efficient a manner as possible.