You should file separation papers before your divorce in Canada.
While you do not need formal separation papers to file for a divorce in Canada, it is helpful to have them drawn up and delivered to your spouse if there are arrangements that need to be made about issues like finances and childcare. There are multiple ways to create and deliver separation papers in Canada, but the only legitimate way to be sure that matters are settled is to use your divorce lawyer to handle matters. He or she can draft the separation papers and deliver them so that you do not have to see your soon-to-be-former spouse.
Instructions
1. Contact your attorney and tell her that you wish to file separation papers. You will have to go to your local courthouse to get the paperwork.
2. Fill out the paperwork. It will include questions about your finances, how you wish to handle custody of your children and what you believe should happen in terms of spousal support. All of this is very general and in no way legally binding.
3. Request and fill out a financial statement for yourself and your spouse. This details your income and assets. It is required for a legal separation in Canada.
4. Work with your lawyer to fill out all the paperwork correctly. He will file your paperwork at the courthouse. He is also responsible for seeing that your spouse is served with the papers.
5. Remain calm when you are served with your separation papers. None of the arrangements made in them are binding and you can work through the matter with your spouse, his or her lawyer, and your lawyer at a later time. Quietly bid the person who serves them to you goodbye and contact your lawyer.
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