Navigating family law matters can be an emotional and multifaceted process. Common misconceptions can compound the complexity.
Nevertheless, a solid understanding of family law procedures function is crucial in enabling better decision-making and reducing unnecessary stress. This blog post tackles prevalent myths about family law circulating in Ottawa to present a comprehensive, accurate depiction.
The mother always gets custody of the children
Traditionally, it was commonplace for mothers to secure custody of children following a divorce or separation. However, this assumption is more of an antiquated stereotype than a reality in today’s judicial landscape.
Instead, the focus has shifted towards the ‘best interest of the child.’ Many factors, such as the current relationship with parents, the available living arrangement, and the child’s preference (in cases of older children), are diligently evaluated. The custody award is impartial and does not offer preference based solely on gender.
Child support payments are a way to get money from an ex-spouse
Child support payments are fundamentally structured around the financial well-being of the child. They’re devised to ensure the child has access to necessities, including but not limited to food, clothing, housing, education, and healthcare.
Thus, these payments aren’t meant to supplement the receiving parent financially. It’s imperative to remember that child support is the child’s entitlement, not the parent’s.
I can’t modify my spousal support payments
Contrary to this common belief, changes in personal circumstances could validate a potential modification in spousal support payments.
Events such as job loss, significant fluctuations in income, or the revelation of concealed assets can influence the nature, amount, or duration of spousal support. However, a return to court or mutual agreement between ex-spouses must execute these adjustments in spousal support orders.
Divorce is always expensive and contentious
While a divorce’s intricacies and emotional weight can be burdensome, it doesn’t necessarily equate to an ongoing feud or astronomical costs. The approach employed during the proceedings largely determines the expense scale and amicability level.
Opting for mediation or collaborative law can often alleviate contention and suppress expenses instead of litigation. Our dedicated team at Hearty Law champions cost-effective and respectful solutions, safeguarding your interests while preserving dignity and civility.
Common-law partners have the same rights as married couples
Although common-law partnerships are increasingly prevalent, there’s a marked difference between the rights and responsibilities of married couples and those of common-law partners.
The key distinction lies in property distribution upon relationship dissolution. In Ottawa, common-law partners don’t automatically inherit rights to property division unless they can prove substantial contributions to the property.
If I move out of our home, I lose my rights to it
Leaving your marital home does not forfeit your rights to the property. Even if one spouse moves out, they still retain their legal rights to the home unless a court order or agreement states otherwise.
This myth can lead to unnecessary stress and fear during an already tumultuous time, so understanding this fact is crucial.
Conclusion: The Power of Truth in Family Law
Family law can seem complex and overwhelming, particularly when misinterpreted through common myths. However, understanding the truth behind these myths can offer invaluable guidance and clarity as you navigate your family law journey.
Debunking these misconceptions aims to replace misguided fears and assumptions with facts, promoting more informed, productive decision-making. It’s crucial to remember that every family’s situation is unique—what holds in one case may not apply to another.
At Hearty Law, we aim to provide reliable, factual information, empowering you to make prudent decisions that best align with your interests and those of your family. We’re dedicated to representing you legally and serving as compassionate guides with the knowledge, experience, and empathy necessary to smooth your journey.
These times may feel isolating, but you’re not alone. Whether you’re navigating a divorce, child custody dispute, or any other realm of family law, the team at Hearty Law stands ready to support and guide you. Contact us today to get started.