Divorce Attorneys in Montreal
Divorce in Montreal is governed by the federal Divorce Act and the Civil Code of Quebec (CCQ). This legal process can be quite complex, as it involves other issues, including family patrimony division, child custody, spousal support, and child support.
Montreal divorce and family lawyers help couples make informed decisions throughout the divorce or separation process. They can file petitions on their behalf, negotiate with the other spouse and represent them in court.
Divorce can be a life-changing decision that can affect your children, finances, and personal life. Hiring a family lawyer to handle your divorce proceedings is recommended. Divorce lawyers from Goldwater, Dubé can provide you with sound legal advice and will fight for a favourable divorce settlement.
Frequently Asked Questions
What Is the Difference Between a Legal Separation and a Divorce?
Legal separation permits spouses to live separately while maintaining the responsibilities of marriage. It allows couples to maintain their joint property and marriage benefits while living separately. The court will issue an order detailing each party’s rights and responsibilities. Legal separation usually leads to divorce, which is legally ending a marriage.
After a divorce order is made, the marriage will be terminated. Spouses will no longer have legal rights or responsibilities towards each other except those set as terms of the divorce.
Is Annulling a Marriage the Same as a Divorce?
Applying for an annulment of marriage is a request to the court to cancel a marriage as though it never existed. The request is usually made by spouses who entered a marriage due to fraud or misrepresentation. The marriage is therefore deemed illegal or void, unlike in divorce cases where a valid marriage is terminated.
Article 380 of the Civil Code of Quebec limits the timeframe for bringing marriage annulment claims to three years from the date of marriage.