What Should I Do If I Hate My Husband and Want a Divorce?
Marriage can be challenging, and if you have reached the point where you hate your husband and want a divorce, it is important to take the right legal steps. In Quebec, divorce is governed by the federal Divorce Act, while related matters such as family patrimony and child custody are regulated by Quebec’s Civil Code. Here are the key steps you should consider:
- Reflect on Your Decision
o Before taking legal action, ensure that divorce is the best solution for you. Consider speaking with a therapist or mediator if you need support in evaluating your options. - Understand the Legal Grounds for Divorce
o In Canada, there are three legal grounds for divorce:
a) Living separately for at least one year (most common)
b) Adultery
c) Physical or mental cruelty - Gather Essential Documents
o Prepare financial statements, marriage certificates, prenuptial agreements (if applicable), and any evidence relevant to child custody or spousal support. - Consult a Family Lawyer
o A lawyer working in family law area can guide you through the process, explain your rights, and help you understand financial and custody implications. - Consider Mediation
o In Quebec, mediation is encouraged to help couples reach agreements on child custody, property division, and spousal support without a litigation. - File for Divorce
o If you and your husband agree on all terms, you can file for a joint divorce (simpler and faster).
o If there are disputes, you may need to file for contested divorce, which will take longer. - Determine Custody and Child Support (if applicable)
o If you have children, you must establish a parenting plan, including custody and child support arrangements based on Quebec’s child support guidelines. - Divide Property and Assets
o Quebec law requires equal partition of the family patrimony, which includes assets like the family home, pension plans, and vehicles acquired during marriage. - Consider Spousal Support
o If there is a financial disparity between you and your husband, spousal support may be applicable based on factors like income, duration of marriage, and financial dependency. - Finalize the Divorce
• Once all legal matters are resolved, the court will issue a divorce judgment. After 31 days, the divorce becomes final.
Divorce is a complex emotional and legal process, but understanding your rights and obligations under Quebec law can help you navigate it effectively. Seeking professional legal advice and mediation services can ensure a smoother transition. While it may be difficult now, taking the right steps will help you build a more positive future.
Allen Madelin Avocats offer consultations both in person and via videoconference. For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected]
