4 Common Myths About Separation and Divorce

March 6, 2021   |   Tanya Davies   |   blog
Separation and Divorce in Ottawa
Separation and Divorce in Ottawa

4 Common Myths About Separation and Divorce

Myth #1: Women are favoured over men by the courts and judges.

One concern we hear from our male clients is that women tend to come out ahead during a divorce proceeding. They believe that the courts and judges favour women over men regarding spousal support, child support, child custody, and access.

While it was common for courts to award custody to mothers in the past, it is not the case today. Courts and judges today have taken a neutral approach to decide matters that must be litigated upon. In some cases, fathers are the custodial parent, receive child support, or even spousal support.

In general, the outcome in a divorce largely depends on the evidence and facts presented in court, how the law applies to that particular situation, and ultimately, what is in the children’s best interest.

Myth #2: I must “win” my divorce so my ex “loses.”

There are no “winners” or “losers” in a divorce. If you take a win/lose approach, this will only escalate the conflict and cause additional stress. It would also waste time and money in the long run.  

Rather than being able to reach the necessary agreements with help from your divorce lawyer and the other party, numerous matters do end up having to be litigated in court and decided by a judge.

It is better to take the approach that your divorce is about making compromises to reach a mutually beneficial settlement. Doing so will allow your divorce to proceed more quickly and be resolved so you can get on with your new life. In addition, if children are involved, keeping this as amicable as possible is in their best interests.

Myth #3: The court will listen to my kids when they only want to live with me.

While the court and judge may take into consideration what your children want, they will not prevent the other parent from having access or parenting time to the children.

The Divorce Act used to contain the Maximum Contact Principle. What this meant is courts will ensure children have maximum contact with both parents where there are no parental concerns, as it is in the children’s best interest. However, the court’s concern with this wording was a presumption that shared parenting was in the best interests of the children. Now that the legislation has changed and this principle has been removed, there is no presumption of shared parenting and any parenting time must solely be determined based on an analysis of the child’s best interests.

Myth #4: I can get a DIY divorce and save money.

While the legal system does allow individuals to represent themselves when getting a divorce, it is never in their best interest. Going through a divorce can lead to complicated and complex matters.

What do you do if your ex suddenly decides they want to contest the parenting agreement or division of property agreement? Do you want to inadvertently risk hurting your case by not knowing how to respond or what to do? You could even accidentally prejudice yourself in court.

We have seen many parties that attempt to represent themselves and start the divorce process only to turn to us for help once they become overwhelmed, stressed, and confused about what they need to do to protect their interests.

Retaining a divorce lawyer in Ottawa from the beginning can help mitigate complicated matters and unnecessarily complicating your divorce. For help with your divorce, contact Davies Law Firm at (613) 688-0462 today, for the legal advice and guidance you need, to protect your interests.

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