People going through divorce listen to their friends and neighbors, who frequently provide them with faulty information. Today I’ll provide a list of the kind of information well-meaning friends pass on to others, that is typically not accurate.
1. You’re not legally separated until you have a separation agreement. NOT TRUE
You are legally separated when you are living separate and apart from your spouse with the intention to live separate lives.
2. You have been living separate lives for several years i.e. separate bedrooms, separate social life, separate schedules, but are still living in the family home, therefore, you are not legally separated. NOT TRUE
You can be legally separated even though you both remain resident in the family home.
3. If you move out of the family home you give up your claim to it. NOT TRUE
There are many reasons to remain in the family home, but not because you will forfeit a financial claim to it.
Reasons to stay in the home include staying in order to continue as an active parent of your children or because you have no funds to leave the home.
4. You cannot get a divorce until you resolve all the legal issues including child custody, division of assets and spousal support. NOT TRUE
The only requirements to obtain a divorce is to have lived in British Columbia for the requisite period of time; lived separate and apart for one year or more; and show the court that you have made reasonable arrangements for the support of your children.
5. Upon separation you can cancel your spouse’s credit cards and remove him/her as a beneficiary on your life insurance. YOU CAN, BUT YOU SHOULDN’T
It is these kinds of precipitous moves that can turn an average divorce into a high conflict divorce. Nobody likes surprises, least of all your estranged spouse. It is always best to consult your lawyer before you take steps of this sort.