A Langford divorce lawyer: are you looking for one?
We are right here in the heart of Langford, British Columbia. We are experienced family law lawyers who are seriously good at being divorce lawyers. Why go all the way downtown when you can access outstanding legal service right in the heart of the community of Langford.
1. They can do nothing:
2. They can enter into a separation agreement; or
3. They can get a court order.
When entering into a separation agreement or obtaining a court order, a Langford divorce lawyer is what they need.
The parties can choose to do nothing. That is, they can simply lump along without an order or agreement and simply hope things work out. Some people are content with this. My sister did this when she separated from her husband. Although she had two young children, she was not interested in pursuing child support or organizing any parenting plan.
She was simply content to move on with her life and get on with the job of parenting her children without the necessity of a formal court order or agreement.
Although this worked for my sister and her children, it is not a satisfactory solution for most people.
In our experience, most people, when separating from their spouse, want to enter into a separation agreement. The agreement will cover such things as:
Your Langford divorce lawyer can help you enter into a separation agreement dealing with all of such matters. Once your separation agreement is signed and executed, it can have the same force and effect as a court order.
At Hemminger Law Group Westshore, your Langford divorce lawyer will start with what we think of as the velvet glove approach. The truth is that people, when separating from their spouses, want to get an agreement "without going to war". We are here to help them do just that.
The thing is that in order to obtain a separation agreement, both parties, with the assistance of their legal counsel, have to agree. Sometimes, however, a person's ex-spouse may be entirely unreasonable. When dealing with an unreasonable or tremendously difficult ex-spouse, sometimes a separation agreement is not possible. For whatever reason, the ex-spouse is not willing to make an agreement.
One case that comes to mind is our client, I will call him Paul. Paul and his wife separated after ten years of marriage and had a six-year-old girl and four-year-old boy. Despite Paul being a totally hands-on Dad since the time of the children's birth, his now ex-spouse was dead set against him having any meaningful parenting time with their children.
Paul's ex-spouse was angry at him for ending their unhappy marriage. Because of this, she would not agree to the children having an ongoing relationship with their Dad.
We were unable to help Paul enter into a separation agreement because his ex-spouse would not agree. Paul chose for us to go to court and we were able to succeed in obtaining a parenting plan that would have him care for his children equally with his ex-spouse.
Sometimes, when people cannot agree, a
court order seems like the only option available. Rather than the parties
making a decision for themselves, they ask a judge to decide. A judge can make
a decision about how much support is being paid, how parties will parent
children, or dividing assets.
As in the case of our client named Paul, we had to go to court. Paul had to either go to court or accept that his ex-spouse would effectively cut off his relationship with his children. For Paul, losing his relationship with his kids was not an option. So, we went to court.
At Hemminger Law Group Westshore, it is our practice to use the court as a last rather than as a first resort. With Paul, who felt that he had no choice, we were able to represent him in court and obtain a court order allowing his children to be in his care half of the time. Regardless of what Paul's ex-spouse's position is, Paul is a real and involved parent to his kids.
Your Langford divorce lawyer will help you with your family matter. Although we choose to start with trying to get an agreement, sometimes we need to use the assistance of the court and the provisions of the BC Family Law Act to intervene.
By Val Hemminger, lawyer at Hemminger Law Group Westshore