Moncton NB Divorce and Separation Lawyer

Date Posted: May 31, 2021 4:02 am

Moncton NB Divorce and Separation Lawyer

After spending some happy years with your spouse, there might come a time where both or one of you will feel that it’s best for each of you to divorce, go separate ways, and start new lives. How long does the divorce process take? Who gets to stay with the children? Who gets the house? It would be wise to get a divorce and separation lawyer in such challenging situations to make the whole divorce process smoother.

If you are looking for Moncton NB family lawyers for divorce and/or separation, there is no place better than Haller Law, led by Jack Haller. Here are some insights into the divorce and separation process and related matters.

An overview of the divorce process

1. When can you apply for a divorce?

In Canada, the law allows you to seek a divorce after separating from your spouse for at least a year. The date of separation can be taken as the day one of the spouses left the marital home to live elsewhere. In instances where both of you are still living in the same house, the date of separation will be regarded as the day each of you started living separate lives.

2. How long does the divorce process take?

The divorce process can last as little as three months or as long as three years, depending on how you and your ex decide to end things. After drawing up a separation agreement, dividing assets, agreeing on how to take care of the children amicably, and staying apart for a year, your divorce request will be processed within three months after the application. Moreover, there will be no need to appear before a judge. Jack Haller, a top-notch divorce and separation lawyer, advises you to take this route with your divorce; It is faster, cheaper and private.

In instances where you have trouble settling some minor differences in your separation agreement, you can invite a trained mediator or a family law arbitrator, such as Jack Haller, to mediate and help you figure out a smooth divorce without going to court. In this case, your divorce will likely take six months to conclude.

If you have a hostile divorce where you and your ex can’t agree on the terms of the separation, you will head to court. How long the case will take for the judge to reach a decision will depend on the complexity of your marriage, finances and dispute. You will also have to face a judge if both of you are in agreement but are looking to expedite your divorce. This can be where you want to divorce without having to live separately for a year.

3. How much will the divorce process cost?

It would help if you understood the cost of a divorce before seeking legal help from Moncton NB family lawyers for divorce and separation. Hence, you can avoid additional financial headaches during the problematic divorce period. Firstly, you have to account for the cost of filing a divorce application which is $110.00 in New Brunswick.

In the instance where you and your ex have figured out everything and have no disputes, the divorce process will cost a $110 filing fee plus the hourly rate of your family lawyer. The whole thing will be done in a few weeks; thus, it won’t cost you more than $1,500.00.

If you happen to have a few disputes in your divorce and invite a family law arbitrator or trained mediator, the cost can go up by a few thousand dollars. This is because the mediation process can take a bit longer and more people will be involved. Despite this, the cost of the divorce process will be less than $5,000.00.

According to Jack Haller, one of the highly experienced Moncton NB family lawyers for divorce and separation, if you have to settle your divorce through a trial, then the cost of the process will skyrocket. It’s not uncommon for the price of a divorce trial to cost upwards of $20,000 if the case is complex. Moreover, when your divorce case gets to court, you should expect your private lives to become public. Therefore, it’s in the best interest of both parties that you divorce privately.

4. Why do you need a divorce and separation lawyer?

  • Negotiate child parenting time: Parental rights are among the most contentious issues in a divorce. Having an experienced family lawyer by your side will help you negotiate fairer parenting time terms.
  • Work out the division of property: Each partner has had a role in accumulating your marital wealth. Getting a family lawyer will ensure that you get a fair share of your marital wealth, such as the division of assets & pensions.
  • Figure out spousal support: You might be entitled to spousal support and a family lawyer will help you figure this out and how much you deserve.
  • Negotiate the disposal of your marital home: Some divorcing partners prefer selling their marital home while others want to keep it. Jack Haller will help you negotiate what to do with your matrimonial home.
  • Work-out complex asset divisions: Many couples enter into business during their marriage; some of these assets are complex to divide during a divorce. A family lawyer will help you work out complex asset divisions so that you receive your fair share, including businesses.
  • Make post-divorce order modifications: Things like the child’s needs, income, or living conditions can change and you might need to make modifications to your divorce order. A family lawyer will help you make such modifications to the divorce order while protecting your interests.

5. Unique divorce situations

  • A top-class divorce and separation lawyer like Jack Haller will also help you handle unique divorce situations. These can include:
  • International divorce: Jack Haller will help you figure out international divorce situations where you have assets internationally, children who are dual citizens, and spouses that live abroad.
  • LGBTQ divorce: As an LGBTQ individual, an experienced family law lawyer will hold your hand through the divorce process and make sure you get a fair deal.
  • Grey divorce: In this case, both of the partners are above 50 years old. This is a complex divorce with more than 20 years of history to decipher that only an experienced lawyer can handle.

Contact Haller Law for any family law assistance you need. You lived a happy life as spouses; your separation and divorce don’t have to be a nasty affair.