If you’re considering or going through a separation or divorce, it’s important to be familiar with the terminology used in family law. This can be confusing and overwhelming, especially if this is your first time dealing with family law issues. In this blog post, we will go over some of the most commonly used terms in BC family law, as well as answer some frequently asked questions. We’ll also provide some tips on what to do when you get served with divorce papers, and outline the first step in the divorce process.

BC family law terms you need to know

Separation: Separation occurs when spouses live separate and apart with the intention of ending their relationship. This can be a physical separation or an emotional one.

Divorce: Divorce is the legal process of dissolving a marriage. In order to get divorced, you must have been married for at least one year and lived in BC for at least six months.

Property Division: In BC, property is divided equitably upon divorce. This means that all assets and debts are split fairly between the spouses, regardless of who acquired them or whose name is on them.

Alimony: Alimony, also known as spousal support, is financial assistance paid by one spouse to the other after separation or divorce. The amount of alimony awarded will depend on a number of factors, including the spouses’ income and needs, and their length of marriage.

Child Custody: Child custody refers to who has legal guardianship over a child following separation or divorce. Parents can share custody (joint custody) or one parent can be awarded custody (sole custody).

Child Support: Child support is financial assistance paid by one parent to the other to help cover the costs of raising a child. The amount of child support payable will depend on a number of factors, including the parents’ income and expenses, and the number of children they are supporting.

The top nine most commonly asked questions about family law

Q: What is the difference between separation and divorce?

A: Separation occurs when spouses live separate and apart with the intention of ending their relationship. Divorce is the legal process of dissolving a marriage.

Q: How do I get divorced?

A: In order to get divorced, you must have been married for at least one year and lived in BC for at least six months. You must also file a divorce petition with the court.

Q: How is property divided upon divorce?

A: In BC, property is divided equitably upon divorce. This means that all assets and debts are split fairly between the spouses, regardless of who acquired them or whose name is on them.

Q: How much alimony will I have to pay?

A: The amount of alimony awarded will depend on a number of factors, including the spouses’ income and needs, and their length of marriage.

Q: Who gets custody of the children?

A: Parents can share custody (joint custody) or one parent can be awarded sole custody.

Q: How much child support will I have to pay?

A: The amount of child support payable will depend on a number of factors, including the parents’ income and expenses, and the number of children they are supporting.

Q: What is the difference between child custody and guardianship?

A: Guardianship refers to who has legal authority over a child, while custody refers to who has physical custody of the child.

Q: I’ve been served with divorce papers. What should I do?

A: The first step is to speak to a family lawyer. They will be able to advise you of your legal rights and options, and help you prepare for the divorce process.

What you need to know before hiring a family lawyer

Hiring a family lawyer is not always necessary, but there are some things you should keep in mind if you decide to go this route.

First, make sure you find a lawyer who specializes in family law and has experience dealing with divorce cases. Second, be prepared to pay for their services. Family lawyers typically charge by the hour, so it’s important to understand how much the entire process is going to cost.

Finally, don’t hesitate to ask your lawyer questions. They should be happy to explain everything in detail and make sure you understand what’s going on.