Legal Question in Family Law in Canada

separation

I guess I am wondering who can iniitate this process and that fact that we have a house how can I ask my spouse to leave what happens if he refuses to leave do I have rights to ask him to leave


Asked on 5/05/09, 7:41 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: separation

In British Columbia anyone can begin the process; you can ask you spouse to leave, but the spouse can refuse. In that case you have 2 choices: (a) forget trying to arrange a separation (which is voluntary), and retain a lawyer to start court procedings or (b) move out yourself. If you choose (a) your lawyer may (or may not) be able to convince a court to order your spouse out. The rest of the question does ot contain anywhere enough detail to answer and in any event is too complex for LawGuru. You should see a lawyer. Call the lawyer referral service of the British Columbia Branch of the Canadian Bar Association (in th eyellow pages under "lawyer referral services) for referral to a lawyer for a low-cost initial consultation ($25 for 1/2 hour).

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Answered on 5/06/09, 10:01 pm


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