Wondering If You Can Legally Separate Without a Messy Court Battle? Consider Collaborative Family Law

Wondering If You Can Legally Separate Without a Messy Court Battle? Consider Collaborative Family Law

It is perhaps a bit obvious to say that divorces can be messy and that many families struggle to pick up the pieces after a nasty separation. But it doesn’t have to be that way.

When people use court to resolve their disputes they are relying on a stranger, the judge to make major decisions about their life. In a family law context this means a judge can decide when and where you will see your children, how much money flows to or from your spouse, where you can live and even what happens to your house.

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Did you know - Maintenance Enforcement Program helps collect child support payments

Did you know - Maintenance Enforcement Program helps collect child support payments

One of the most frustrating experiences in family law is when a parent does not pay child support they owe their children. We have all heard of deadbeat parents who try to find a way out of paying, or who simply refuse to pay. To deal with this issue and help ensure parents are paying court ordered child and spousal support, Nova Scotia created the Maintenance Enforcement Program (MEP).

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How long does it take to get a Divorce?

How long does it take to get a Divorce?

Ask almost anyone who has been through it and they will say “too long!” Joking aside, it can feel like a long process, and the justice system is not exactly known for its speed, even at the best of times. The hardest part of a divorce is coming up with the terms of divorce, especially as it relates to custody, property division and support payments. This can be done through negotiation, or a judge can make the decision.  A negotiated settlement is almost always faster than waiting for the court to order the terms of your divorce. So, what exactly takes so long with court?

 

The hardest part of a divorce is coming up with the terms of divorce, especially as it relates to custody, property division and support payments. This can be done through negotiation, or a judge can make the decision.

 

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Is it Time to Change your Court Order or Separation Agreement?

Is it Time to Change your Court Order or Separation Agreement?

Every year after Christmas, Wal-Mart puts tupperware and storage bins up at the front of the store because they are big sellers. January is a natural time to take stock your life. It’s time to pack away the old things you no longer need so you can focus on the important things in front of you. It’s time to put those lights and decorations away for next year and to put that ugly sweater your cousin gave you in the “re-gift” pile.

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Ever wonder why some people have a ‘slip and fall’ and get a big payout?

Ever wonder why some people have a ‘slip and fall’ and get a big payout?

Ever wonder why some people have a ‘slip and fall’ and get a big payout from the business owner where the fall happened, but some people, and sometimes those hurt far worse, don’t get anything? 

Most often these situations are governed by the Occupiers Liability Act, although the common law rule of negligence may also apply. Under the Act, the ‘occupier’, defined as the person who essentially has control over the premises (whether because they own it, rent it or for any other reason have physical control over the premises), has a duty to ensure that any person who legally enters the premises will be reasonably safe.  The key word there is ‘reasonably’.  Obviously no owner/occupier of a property can prevent every potential accident from happening, so the law draws a line between injuries that are as a result of unavoidable, unfortunate accident and which injuries should have been prevented by some action by the owner/occupier. 

 

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Myth-busting Child Support and Custody

Myth-busting Child Support and Custody

Almost everyone has been touched by divorce in some way, so it is not surprising that that so many well-meaning friends and family are eager to give out legal advice during a separation. Unfortunately, their advice is not always accurate or helpful. One commonly repeated myth is that if the parents share equal custody, then no one has to pay child support. 

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Severance Pay: What am I entitled to after being let go from my job?

Severance Pay: What am I entitled to after being let go from my job?

An unfortunate reality of today’s corporate world is restructuring, outsourcing and downsizing.  For many hard-working employees, the result is lay-offs.  One day you go to the job you’ve devoted yourself to for years and the next you find yourself unemployed with a standardized letter letting you go, along with a request to sign a ‘Release’ in exchange for a severance package.  You are reeling and have no idea if the package they are offering you is what you are entitled to.  This is where an employment lawyer comes in.  Many lawyers, including myself, are happy to meet with people in your shoes to review your situation and give some basic advice as to whether or not the severance package offered is within the acceptable range.

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How to Save Money during a Divorce

How to Save Money during a Divorce

Divorces and separations can be very expensive. During a separation, families may face new expenses for custody and access visits, outfitting a new apartment with furniture. Now add to that legal fees and court costs and it can be a very challenging time financially. Thankfully, there are some things you can do to reduce you expenses.

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