Divorce: What to expect
What to Expect from the Divorce Lawyers at Vancouver’s Donald B. Phelps Law Corporation
At Donald B. Phelps Law Corporation, we understand that divorce is never a pleasant experience for any of the parties involved. That’s why our team is committed to making the process as straightforward and understandable as possible. When you’re in need of divorce lawyers in Vancouver, you can rely on Donald B. Phelps Law Corporation to ensure an amicable outcome, where everyone is treated with respect and understanding. We will not try to extend or complicate the process for our own gain, but rather complete it as efficiently as possible so that our clients can move on with their lives.
Divorce Lawyers and the Role They Play
Whether your case is simple or complex, there are a few services you can expect from divorce lawyers in Vancouver:
- First and foremost, a divorce lawyer keeps in constant contact with clients whether through face-to-face meetings, phone calls, or correspondence. Going through a divorce is tough enough without having to deal with an aloof law firm.
- Settlement should be the goal of your divorce lawyer. The vast majority of divorce cases settle out of court in order to avoid the expense of a trial. Expect your lawyer to work with the other side to find a settlement that meets everyone’s needs.
- Trust a divorce lawyer to advise you on the various expenses that accumulate with a divorce. You should be informed with regular billing statements as well as understand the costs of specific, potential strategies that can be used to address your case.
- Lastly, a divorce lawyer should set realistic expectations, explaining the relevant divorce laws and how they apply to your case.
What Is Legal Guardianship and How Is It Established?
If you have children and are going through a divorce, we’ll need to determine legal guardianship. We’ll also need to establish how much time each parent can spend with the children. Legal guardianship refers to the relationship recognized by the court where one person is responsible for the care of another, in most cases this is a minor child. A legal guardian is established through filing a petition to the court and paying a filing fee. The court will consider the petition and determine if the person seeking to be a legal guardian is best fit for the child. Background checks, interviews, and other research about the person requesting legal guardianship will be conducted by the court.
Financial Issues That May Emerge During a Divorce
Child support and spousal support are common financial issues addressed during a divorce in order to ensure every party receives fair treatment. Other financial issues that may emerge include:
- Division of property – You will have to come to an agreement about what property belongs to you and what belongs to your spouse. From antiques and furniture to vehicles to stocks and bonds, everything will be evaluated and divided up.
- Division of debts – The debt incurred during your marriage will also have to be divided up. You will have to determine how much you owe and then chose a solution that best fits you and your spouse. The solution could be you taking the responsibility for paying off the debt in exchange for more assets during the division or property or vice versa.
- Taxes – There are tax implications for divorce which can range from who will get the tax exemption for dependents to making sure “maintenance” payments are tax deductible.
- Retirement plans – You may be entitled by law to half of your spouse’s retirement savings.
Protecting Yourself and Your Property
In drastic situations, you will have to take steps to ensure that you are safe from physical harm and that your property rights are being respected. You can obtain:
- A protection order prohibiting violence, abuse, and threats
- A restraining order which prohibits the disposition of your property
- Preservation order that prevents your property from being altered
Contact Donald B. Phelps Law Corporation
If you are thinking about filing for legal separation and are unsure how to proceed, contact our lawyers to learn more.