Let Our Experienced Burnaby Lawyer Help You with Family Law Issues
Separation and divorce are some of the most stressful, emotional, and life-altering events you can experience in your life. During this stressful time, the Burnaby family lawyers at Gertsoyg & Co. empathize with you. Our lawyers will guide you through this challenging time. We are committed to making the divorce process as smooth and less stressful as possible to help you move forward in your life. Our team of family lawyers in Vancouver and Burnaby is experienced in handling a wide range of family law issues, including divorce and separation, child support and custody, spousal support, division of property, and prenuptial agreements. No matter how intricate your family law case is, our lawyers are up to the task.
Separation & Divorce Lawyer Burnaby
The three grounds for divorce in Canada are adultery, one-year separation, and physical or mental abuse. The one-year separation is the most common ground for divorce. Our divorce lawyers will help you create a separation agreement outlining how you and your spouse will stay apart. Many couples achieve this through a mediator or negotiations. Once you and your partner have lived apart for at least one year in line with the terms of the separation agreement, you will be granted an uncontested divorce.
We understand that every divorce is unique, and our lawyers pride themselves on adopting a personal approach to family law situations. Our main aim is to negotiate a reasonable separation agreement and divorce settlement. Whether you are concerned about child support or visitation, child custody, division of assets, spousal support or mediation, our Burnaby divorce lawyers will advocate for your best interests.
Before you apply for a divorce, you must demonstrate that your marriage has broken down and that you and your spouse are separated. Once you file for divorce, the judge reviews the documentation to ensure that you meet all the requirements of divorce. If you and the spouse agree on the divorce, you could file a joint divorce application, which will cut down on the wait periods. How long a divorce takes to complete depends on the complexity of the case. A simple divorce can be concluded within a month. However, if contentious issues like division of property, child support, and spousal support are present, the divorce will take much longer.
Our lawyers will represent you, whether you are in a formal marriage or a common law relationship. You are in a common law relationship if you have stayed with your spouse in a marriage-like relationship for at least two years. We understand that the breakdown of a relationship is difficult for all the parties involved; therefore, we will strive to achieve the best resolution in an efficient manner.
Division of Property
When going through a separation or divorce in Burnaby, it can be quite challenging to divide the property or assets accumulated between the parties. When a marriage ends, the property accumulated during the marriage and still exists at separation should be divided between the spouses, including any increase in value. The more assets you and your spouse have, the more intricate the property division can be, especially if the properties include business interests, significant investments, and stock investments. We will advocate for you to ensure that your assets and properties are protected in the final divorce settlement.
The division of assets is mainly conducted through negotiation. The assets are divided according to whatever both parties agree is fair. However, if you and your spouse cannot agree on the division of property, the court comes in. Assets include personal savings, pension schemes, vehicles, electronic devices, jewelry, and others. At Gertsoyg & Co., our lawyers will help you negotiate a fair agreement.
Child Support & Custody
Your children are the most important people in your life. Their lifestyle and needs should not be affected by your separation or divorce. The most common issue handled by family lawyers revolves around child support, whereby the payer fears that they are paying too much, and the recipient worries about receiving too little. The custodial parent incurs expenses in raising a child, so the other parent should support to help raise the child; this is the principal behind child support in Burnaby. The amount of child support provided depends on the child support guidelines. The amount also depends on factors like the income of both parents, the number of children involved and additional expenses to cover school and health costs.
Our lawyers at Gertsoyg & Co. have extensive experience in handling child support cases in Burnaby. Whether you are the child support payer or recipient, you can count on our support. If you are the recipient, we will safeguard your rights and those of your child. If you are the payer, we will ensure that you are not crippled by unfair and unreasonable child support payments. Even if you are financially responsible for your children, you still need to rebuild your finances after divorce.
Where children are present, you also have to make child custody arrangements in the best interests of the children. You can decide to have sole custody, joint custody, or shared custody. Our child custody lawyers will examine your situation and advise you on your legal options. For many years, we have helped many clients in Burnaby achieve child custody and visitation rights to enable them to maintain meaningful relationships with their children. Even if it means going to court, our lawyers will fight for you to ensure you have the best child custody arrangement possible.
Spousal Support & Maintenance
In a marriage, it’s common for one spouse to sacrifice their career and devote their time to the family while the other spouse develops their career and supports the family financially. When the spouses part ways, the spouse with the lesser income might be disadvantaged, making them struggle financially. Spousal support, also known as alimony, is a complicated area of family law. The court may order the higher-payed spouse to pay spousal support when there is a large difference between the spouses’ incomes. Unlike child support payments, no rule governs the payment of spousal support. The court uses its discretion to determine the amount of alimony that should be paid and for how long.
Our lawyers will help you reach viable spousal support agreements, preferably out of court. Whether you are the spouse who needs support or the one likely to be ordered to pay spousal support, our lawyers will guide you accordingly.
Collaborative Family Law Matters
- Prenuptial agreements
- Cohabitation agreements
- Estate planning after divorce