Divorce happens. And when it does, the legalities of Family Law tend to get complicated. It begins with one or both parties wanting to separate. When it comes to this, the first step you should take is to call a lawyer in advance to discuss your rights and responsibilities.
There are a few ways a separation can work out.
- One party agrees to move out of the matrimonial home.
- It is possible to live in the same house while living separate lives. This happens if it is not plausible for one spouse to move out due to circumstances such as affordability. The intent of this situation is for one spouse to eventually leave the matrimonial home when they can.
- If your spouse does not want to leave, you may apply to the Court of Queen’s Bench for an Exclusive Home Possession. That said, you both have the right to live in the home until the paperwork for this application goes through.
- The Court of Queen’s Bench can order an eviction or restrain your spouse from the home. In this case, it is best to request the possession for certain vehicles and any supplies and/or goods that you and your children require.
Keep in mind that men one of you does leave, it does not necessarily mean you lose your rights to the property or to financial support. According to the Divorce and Matrimonial Property Laws, even if you were the one to leave first, your rights are protected.
Separation is just one of the few steps in the process. A divorce can take time, and while it is ideal for both parties to be on the same page, life doesn’t always work that way. That’s why it’s a good idea to contact a reputable lawyer who can help you make the transition as smooth as possible for you and everyone involved.