Divorce, alimony, and child custody may be procedures with different purposes but they all have one thing in common – to apply the law in your family’s affairs. This aspect alone should justify the need to hire a legal expert such as a family law attorney to help you through these procedures.
Family lawyers know how to use their professionalism to assert your best interests in complex stressful family situations. You will see that legal assistance can greatly simplify your life during these difficult phases which, in truth, are very demanding on an emotional level.
To find the right family law lawyer, ask JuriGo for a referral by filling out the form on this page!
The role and training of your lawyer in family matters
More than in any other setting, your family law attorney will have access to the most intimate details of your life. Being involved in your divorce petition or in a dispute over the custody of your children, he will have broad access to your most personal information. This is why a relationship of trust must be built so that he can efficiently perform his role.
Before you start legal proceedings, your lawyer will be there to help you communicate and negotiate with your ex-partner. If your situation becomes complex, your lawyer's excellent communication skills will be useful in reaching an amicable agreement.
Your lawyer will obviously be there to represent your interests in court if a peaceful settlement proves impossible. Whatever the action at stake, as long as children are involved, know that it is their best interests that will be the main focus of the court. Your requests should therefore lean in this direction.
Whether the custody and support agreements were reached amicably or ordered by the judge, one of the spouses may eventually wish to revise the agreements previously made. It is strongly advised not to negotiate without the presence of your lawyer; he is the only legal expert sufficiently qualified to help you revise this agreement properly.
Your lawyer can also help you prepare for your mediation sessions. Since this process assumes the good faith of the spouses and demonstrates their desire to dialogue on a level that is conducive to reaching an agreement, they usually take part in the mediation sessions on their own but in the presence of a mediator. However, the assistance of a lawyer is still required.
Lastly, you can also consult a lawyer to act as a mediator. Check if he is, indeed, accredited to act in this capacity before consulting him!
Whether you need a mediator or a lawyer, JuriGo can put you in touch with the best family law lawyers anywhere in Quebec!
Divorce lawsuit vs. amicable divorce: What is the difference in legal services?
What is the difference between a divorce lawsuit vs. an amicable divorce in terms of legal services required?
For many couples (or soon-to-be ex-spouses), divorce is synonymous with tension, stress, conflict, and frustrating court procedures. Although this avenue is always an option, you should know that there are other ways you can explore, namely an amicable divorce agreement!
While a traditional divorce requires the spouse to apply to the court based on one of three grounds for divorce, an amicable divorce agreement simplifies the whole process.
The spouses must, above all, agree on the settlement of all issues, including the liquidation of the matrimonial regime, the division of the family patrimony, the custody of the children, and child support or alimony.
Once in agreement, the spouses appoint a lawyer who will take care of drafting the document establishing the wishes of both spouses and this will be submitted to the court for approval.
In terms of legal services, it is the difference in cost that is most significant. An amicable divorce is settled more quickly than the traditional divorce lawsuit. This, therefore, implies a reduction in the time devoted and, consequently, a lower bill. Needless to say, the entire process is also much faster.
Have grounds for divorce changed? Amicable divorce always requires invoking a reason for divorce in order to be able to dissolve the union, but unlike a traditional divorce, the absence of cohabitation, or living together, can be invoked. Instances of adultery and physical abuse are not included in an amicable divorce petition.
Whether you want to settle your divorce amicably or your situation is more complex to be settled peacefully, JuriGo can refer you to an expert in family law.
Alimony and Child custody: The importance of a family lawyer
Why is alimony necessary? Many people ask themselves this question but it exists for important reasons. This is a practical way to compensate for the imbalance in family life after a separation.
Child support vs. alimony for ex-spouses? A difference must be drawn between child support and support for ex-spouses. First, that for children is due after the separation, whether the parents were married or simply in a common-law relationship.
On the other hand, the alimony for an ex-spouse is only possible if the couple got married, unless the de facto spouses have provided otherwise in a contract. It is either the spouses who agree among themselves to stipulate the amount of support to be paid, or a judge will determine the appropriate amount in case the spouses cannot agree.
The Quebec Model for Determining Child Support, for its part, is used not only to calculate the amount of support to be paid but also to determine which of the two parents will be required to pay it. This is a scale that takes into account the parents' income, the time required for each child's care, the number of children, and additional costs related to child care.
Do you have questions about the support you pay or receive? Ask a Jurigo partner lawyer directly for expert advice!
Frequently asked questions about family law in Quebec
Anxiety is normal when the law threatens to interfere in your family life. Many questions will certainly come to your mind and it is understandable. This is why we are trying to enlighten you by answering some frequently asked questions about family law in Quebec.
What happens if the parents disagree on matters concerning their child?
Whether they are still in a relationship or separated, the decisions that parents make about their children must be joint. A parent cannot, therefore, act without the consent of the other parent, unless the latter's consent cannot be obtained in good time. As difficult as it may be to believe, it is the court that will be responsible for deciding the dispute if the parents cannot reach an agreement between themselves.
Who takes care of the child if the parents die or become incapacitated?
It depends on the arrangements the parents have made before their demise. It is possible to appoint a guardian for the children through a will, in which case the guardian named therein will take care of the child as guardian. However, when the parents have not taken this step, the relatives or next of kin will be appointed as guardians.
What is deprivation of parental authority?
Parental authority is the power vested in parents to care for, educate, and support their children. When a parent shows gross negligence towards his child, the court can pronounce the forfeiture of this parental authority, meaning that the parent is now stripped of his rights regarding the education and care while remaining bound to his obligation of support.
Does the parent with sole custody make the decisions alone?
No. The granting of sole custody or joint custody which determines the time with the child does not change the fact that the parents are required to make decisions jointly. This implies that even the parent who does not have joint custody has a say in decisions concerning the child.
Would you like to obtain answers that are tailored to your situation?
This can be arranged but not without consulting a family lawyer! Don't worry, JuriGo is here for that! Contact us and we will find a family law attorney near you.
JuriGo helps you hire a family law lawyer now!
You don't have to go through the ordeal of divorce and child custody appeal without the help of a family law attorney. The services of the latter will help you to understand the extent of your rights, those of your ex-spouse, and more importantly, those of your children.
Everyone wins when you hire a family law lawyer so what are you waiting for? Simplify your life and let a family law expert guide you in this difficult process.
Use JuriGo to get in touch with a family law lawyer near you! Our referral service is free and no-obligation. Simply fill out the short online form below and get the legal solutions you need.