Let Our Family Lawyer in Kelowna Help You with Family Law Issues
Anyone who has gone through a family law issue like a divorce understands how stressful it can be. Divorce is ranked among the most stressful events for adults. A family issue can leave you in severe emotional pain. It’s not easy to accept that the person you chose and vowed to spend your life with is no longer available to love and support you. If you have children with your spouse, the stress is likely to be exponentially amplified. In addition to dealing with your feelings, you also have to worry about how the children are coping with the breakup. The good news is that with the help of an experienced family lawyer in Vancouver, you don’t have to bear the burden of divorce or any other family issue on your own. At Gertsoyg & Co., we have helped many clients deal with family law issues like divorce and separation, child custody and support, property division and alimony.
Separation & Divorce Lawyer Kelowna
Whether you want a divorce or not, a marital breakup can leave you in severe emotional anguish; some people associate the agony of divorce with grief. Divorce is life-changing. It will impact your day-to-day routines. Disputes with your spouse over child custody and visitation, alimony, property division, and child support could leave you reeling emotionally. Your physical and emotional health can suffer. Our reliable family lawyers at Gertsoyg & Co. have dedicated their careers to the practice of family law. Even if divorce is stressful, we understand that it can eliminate undue certainty between separated couples, helping them move forward.
Before a divorce can be granted in Kelowna, spouses must demonstrate a breakdown of the marriage. You and your spouse should have lived separately and apart for a minimum of one year. You do not necessarily have to live in separate homes to be considered separate and apart. You can both choose to remain in the family to give children time to adjust or for financial reasons. You only have to show that you live your life independently. For example, you and your spouse no longer sleep in the same room, and you don’t socialize together. In some circumstances, the requirement to have lived separately and apart for one year can be waived, usually in the circumstances involving cruelty or adultery.
At Gertsoyg & Co., we don’t adopt a one-size-fits-all approach when handling divorce cases. We create legal strategies that are tailor-made to suit each client’s circumstances. Whether you want a divorce or separation agreement, we provide flexible solutions to fit your specific needs.
You can count on our legal support whether you are in a formal marriage or a common-law relationship. According to the law, you are in a common law relationship if you and your spouse have lived together as a married couple for a minimum of two years. At Gertsoyg & Co., we provide experienced and empathetic representation for all clients seeking divorce or separation.
Division of Property
In the face of divorce, one of your primary concerns is to protect your assets and leave the marriage in an ideal financial position. Our divorce lawyers at Gertsoyg & Co. work with clients in Kelowna to help them achieve this. Every asset a couple amasses during their marriage, from the date of marriage to the date of separation, is considered matrimonial property. The assets also include the increase in value of any property that a couple brings into the marriage. Matrimonial property can include vehicles, real estate, cash, stocks and bonds, businesses, pension plans, and registered retirement savings plans (RRSPs). These are just examples of the assets that can be divided during divorce; the list could go on and on.
If you are considering divorce and have concerns regarding the division of property, the dedicated legal team at Gertsoyg & Co. is here to assist. Our lawyers have the knowledge, skills, and compassion to explore the best options with you and protect your rights.
Child Support & Custody
If you are going through a divorce and have children, your priority revolves around child support and custody. Our dedicated lawyers at Gertsoyg & Co. are committed to working closely with you to ensure that your children’s rights and parental rights are well protected throughout the divorce process.
Child support is the money that one spouse pays the other to cover the basic expenses of raising children after separation or divorce. In addition to the basic costs of living, child support can also cover extraordinary and special expenses for the children, including childcare, healthcare, medical/dental insurance, education, and extracurricular expenses.
Who pays child support depends on who has custody of the children. If the children live with you for at least 60% of the time, you are entitled to receive child support. The amount of child support is determined using the Federal Child Support Guidelines. The amount will also depend on the payer’s parent’s annual income and the number of children for whom the payment must be provided.
Parents have several rights when it comes to bringing up their children. Child custody arrangements outline these rights in a divorce or separation. When making custody decisions, the court’s first priority is to protect the best interests of the children, including the children’s right to live in a safe, stable, loving, and secure environment.
Child custody addresses your rights to make important decisions related to your children’s education, religious or moral training, healthcare, and general welfare. If you are involved in child support and custody dispute, the experienced lawyers at Gertsoyg & Co. are ready to help. Our offices are conveniently located in Kelowna, and we are available 24/7. Contact us to discuss your legal rights and options.
Spousal Support & Maintenance
One spouse could be more financially dependent than the other, especially the spouse who foregoes employment to support the family. Spousal support places the partners on the same financial footing upon going separate ways following a divorce.
Spousal support is the money that one spouse pays to the other when a couple separates or divorces. Its aim is to ensure that no spouse suffers financial hardship due to the relationship breakdown. If you seek spousal support, you must demonstrate an entitlement for the same. When determining entitlement to spousal support, the court considers several factors, including the responsibilities of each spouse during the marriage, evidence that the divorce left one spouse in need of financial assistance, and if the couple had a domestic contract outlining entitlement to spousal support.
At Gertsoyg & Co., we understand the intricacies involved in determining spousal support, also known as alimony. Whether you are the payer or the one seeking spousal support, our lawyers at Gertsoyg & Co. will support you all the way.
Collaborative Family Law Matters
- Prenuptial agreements
- Estate planning following a divorce
- Cohabitation agreements