What legal issues should I think about when I separate or divorce?
Question & AnswerWhat legal issues should I think about when I separate or divorce?
4. Decide what your issues are
There are some common things that most couples have to decide, such as:
If you have children, you and your partner have to decide on things like:
- who they will live with
- who makes decisions for them
- who pays child support and how much child support
A is a plan about how you and your partner will care for your children after you separate. A parenting plan checklist can help you with the things you may have to think about. Not everything on the checklist may apply to your situation.
Property, assets, and debts
You may have property, , or to divide. Your right to a division of property depends on whether you’re married or in a common-law relationship. Common-law couples don't have the same rights as couples to a share in the value of property they bought when they were living together.
You also have to think about whether you want to move out of or stay in your home. Your right to stay in your home depends on whether you’re married or in a common-law relationship. Married couples generally have an equal right to stay in the .
You and your partner have to decide on things like:
- who needs spousal support
- how much spousal support should be paid
- how long spousal support will be paid
If you're married, you have to decide if you want a and who will apply for one.
If your partner has abused you or your children, you may have to think about things to keep you and your children safe like:
- making a safety plan to leave your home
- getting a to keep your partner away from you and your children
- getting an order for of the matrimonial home to allow you to stay in or return to the home you were living in and to keep your partner out of the home