Canada offers legal aid for persons who have a divorce or child custody case.
However, filing a divorce doesn’t always require legal aid. Generally, couples who go through uncontested divorces don’t need legal help.
On the other hand, legal aid is essential if you undergo a contested divorce. So let’s know the conditions when you can seek legal help in separation.
When do you need legal help during a divorce?
I already mentioned that simple divorces don’t demand a lawyer. But there are many other contexts when you must involve a lawyer.
For example, you will find a family lawyer in Edmonton to get legal help in Edmonton, Canada.
Have a look at the following circumstances and compare them with your situation. Consequently, you will know if you need legal assistance or not.
Different kinds of divorces
There are two kinds of divorces- Simple/ uncontested divorce and contested divorce.
Let’s learn about both types of divorces. That way, you will know which category you are qualifying for.
Simple/ uncontested divorce
So, what exactly is an uncontested divorce? Check the points below to know when it’s called an uncontested divorce.
- Both spouses have agreed to sign the separation agreement
- They want to sort out all the issues involving the divorce. The problems include- child custody, access to meet the child, property, and debt division.
- Both parties desire to end the relationship and agree to an official divorce.
Note: Uncontested divorce doesn’t usually call for any legal aid.
In general, you can do it all by yourself if it’s a simple divorce. However, there are situations when you might need the help of a lawyer.
Let’s consider some circumstances.
No knowledge of how to get the application
It is only normal not to know where to get the application form. No worries, you can directly contact a family lawyer to collect an application form.
There are other options too, such as- visiting the Canadian government site, local court, or bookstores. Regardless, if you collect the application from a lawyer, they can help you with essential instructions.
How to form the agreement paper
Preparing the divorce agreement paper is not a general task to perform. These papers contain various terms that would be appropriately understood by experts only.
Considering that, a lawyer can help you to understand the terminology. Another important aspect here- is confirming everything is stated clearly.
Yes, it might be an uncontested divorce. But, there could be a complication without your knowledge since you are not an expert.
Arrangement for child custody
Child custody includes splitting the expense, primary custody, and visiting access. This stage is highly sensitive.
Keeping that in mind, any vague point will create complications affecting your child. Besides, you might leave aspects untouched. If so, it will be extra complicated if any issue arises in the future.
Plan for property and debt division
This is another knotty task of divorce. Even the most untroubled divorce needs legal aid to share property and debt after a lawful divorce.
Additionally, situations concerning money and assets are never easy jobs. So, it’s better to talk to a lawyer to sort out everything related to assets and debts.
On a side note: What is the average cost of paralegals for divorce?
If it’s an uncontested/simple divorce, involving a paralegal will cost around $750. If it’s a contested divorce, the average cost will be $40,000.
Contested divorce
This is the complicated one. Now, look at the points below to know when to consider a divorce contested.
- Both parties disagree on spousal maintenance
- Issues with child support custody
- Issues with visiting child
- Complications with property and debt division
- One party doesn’t support the decision to divorce
These are the situations you will need legal aid. To make it clearer to you- contested divorce will always involve a lawyer. What is more, the local court will intervene to sort out the matters.
Nonetheless, there are a few more situations you should know about to asking for legal assistance. Read on to learn about those.
Divorce grounds
As the Divorce Act suggests, there will be only one reason/ground to file a divorce. That is- ‘Marriage break down.’ Moreover, one party must prove that marriage is broken and not fixable.
However, there are 3 acceptable reasons to apply for a divorce. You will find about them below. Also, I mention if legal aid is needed.
Adultery:
One or both partners are unfaithful after being married. If it’s discovered and not forgiven- you can file for a divorce.
Not to mention, these cases are loaded with disputes. So, a lawyer will be necessary to handle the disputes.
Abuse and cruelty:
You can be mentally and physically abused. In that case, you immediately need legal attention. In addition, you need to seek a divorce.
Separation:
You two might have been living separately for a period. In such a situation, you can apply for divorce. Simple separation doesn’t need any legal aid. Still, if you are not confident to do it all alone, you can consult a lawyer in Edmonton.
Final remarks
I hope you can identify now what situation you are in. Also, you will now know if you need legal aid. After identifying the circumstance, feel free to contact a lawyer. So, you can proceed with the divorce process as soon as possible.
It’s better to hire a lawyer as there are many technicalities. That will include child custody, dividing financial assets, and burdens.
