I’ve decided to get separated from my spouse, now what?

Once the decision to separate has been made, a new whole new wave of questions and concerns come washing in. There are things that you can do to prepare for the next steps in the process. Hopefully you and your spouse are in a position where you can still discuss important matters. If this is not the case, you can still take the following steps, but know that your case will be somewhat more difficult.

  1. Decide on logistics. If possible discuss logistics with your spouse. Here are some items that should be discussed:
    1. Who if any wants to keep the matrimonial home? What mortgage is left on the house?
    2. Custody and access. Custody is decision making rights. Who will get to make the decisions about the children? Access is the visitation schedule. Is it going to half and half? What is a schedule that work for both parties?
    3. Decide on what you agree on and what you do not. If there is nothing that you agree on, that is ok!!
  2. Gather all information. Get together all of your financial information such as debts, assets, RRSPs, and pensions. Gather information about what you had before the marriage. Gather mortgage information, pension information, business information (if there is one), savings, credit card information, cars, and any other financial information.
  3. Mediation Vs. Litigation. It is important that you have a clear understanding of mediation and litigation. In short mediation is the process where both parties come to the table to negotiate, and litigation is where both parties have separate lawyers. At the SDRC we advocate towards mediation because of its emotional and financial benefits.

Once you have gathered your information, and have had the hard conversations about logistics, you can now move forward. It is much easier to go through the process if you and your spouse are willing to work together but if this is not the case, there are options. If this is the case, the best place to start is to book a consultation. During the consultation Diane will go over your situation and help you to come up with a clear plan to move forward. If you are ready to move into mediation or would like to book a consultation, contact info@claritydivorce.com or give us a call at 343-887-5053.