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Dealing with Separation and Divorce

The following information and Web sites will help you understand the legal issues and processes of separation and divorce in Nova Scotia. Before making critical decisions, you should understand your rights and obligations and the services that are available to help you. Using these links, you will be able to find information about issues that may be important to you, including the care and support of your children, support for you or your spouse/partner and the division of your property. You will also find information about how to find a lawyer and resolve legal issues.

Quick Links:

The Legal Issues

Separating and Resolving the Issues Between You

Separating

When you separate or divorce, there are many decisions that have to be made, including how much support will be paid and who will take care of any children.

The following links provide general information on issues involved with separation and the services that may help you and your family.

Resolving the Issues

It is up to you and your spouse/partner to decide the best way to resolve the issues between you. A lawyer or a mediator may be able to help you decide what would be best for you. If you and your partner cannot work things out, you may have to go to court and ask the court to decide.

Getting a Divorce

Separation agreements and court orders can resolve some family matters when you separate but they do not legally end your marriage. The only way to legally end your marriage is to get a divorce. The following links will help you find more information about divorce law and procedure.

Custody and Access

Custody and Access Laws

When you separate or divorce, you must arrange for the care and custody of the children. A lawyer can help you to work out custody and access arrangements.

The following links will help you understand the laws of custody and access and will provide resources to help you make parenting arrangements if you separate or divorce.

Supervised Access

Where there are concerns for the safety of the children and/or a parent, the parents can agree, or the court can require, that access visits with children be supervised.

Enforcing Custody and Access Orders

If a court order for custody or access or a separation agreement is not being obeyed, you can ask the court to enforce the order or agreement. The court can require parents to respect the custody and access arrangements made for their children. If they still refuse, the court can fine them or even send them to jail. If there are serious problems with custody and access arrangements, the court can make changes to the arrangements. A lawyer can help you with enforcing custody and access orders.

The following links will help you find information on enforcing custody and access orders.

If the child has been taken outside of Canada, the following information may help you.

Financial Support

Financially Supporting Your Children

Both parents have a responsibility to financially support their children. The amount of child support to be paid is set out under the Child Support Guidelines. Under these Guidelines, child support payments are based on the income of the person who does not have custody and the number of children who need support.

The following links provide more information about child support.

Financially Supporting your Spouse

The law expects adults to be self-sufficient. However, in some cases, the law requires a person to support his or her former spouse. This obligation may arise if the couple was married or was in a common-law relationship (involving persons of the opposite sex or same sex) for at least three years or a shorter period if the couple has a child.

Refer to the links below for information about the law of support.

Enforcing Support Payments

This Maintenance Enforcement Program is responsible for the collection and enforcement of maintenance payments under court orders. All maintenance orders made by the courts will be automatically registered with the Program for enforcement.

Refer to the links below to find out more information about enforcing support payments.

Property

Property issues are dealt with differently for couples who are married and for couples who are in a common law relationship. This area of law can be complicated. A lawyer can help you with property issues.

Follow the links below for additional resources.

Dealing with Domestic Violence

Domestic violence is a serious crime and is not tolerated in Nova Scotia. All Nova Scotians have the right to feel safe in their homes and in their communities. If you or your children are experiencing abuse or violence, there is help available for you.

If you are being physically or sexually assaulted, call the police. If you do not want to call the police, or you are experiencing other forms of abuse, there are resources in your community to help you.

The Process


Using a Mediator

If you and your spouse/partner cannot come to an agreement on your own,a mediator may be able to help you communicate better with each other and reach an agreement. Mediators are neutral third parties who can help you reach an agreement on a variety of issues, including support payments, the division of property, or custody of and access to, your children. You should show any agreement you reach during mediation to a lawyer before you sign it. Mediation is not appropriate for everyone, particularly in cases where there has been violence or abuse.

Follow the links below for more information about mediation services in Nova Scotia and how to find a mediator.

Using a Lawyer

A lawyer is in the best position to advise you of your legal rights and obligations and to help you understand the legal consequences of your decisions. You and your spouse/partner should each have your own lawyer. A lawyer can help you resolve your issues without going to court. If you have a low income or are on social assistance, you may qualify for legal aid, which can help pay for some or all of your legal costs.

Follow the link below for more information about finding a lawyer, legal aid and other legal services.

Going to Court

If you and your spouse/partner cannot agree on how to resolve the issues between you, you can go to court and ask a judge to decide for you. A lawyer can help prepare your case for court.

Information on the Web sites listed below will help you understand the family court system and the services available through the courts.

Additional Resources


Caring for You and Your Children

Here are some links that may help you and your children.

If you think your child may have been abused, contact Family & Children's Services, Nova Scotia Department of Community Services. Divorce Certificates

You can obtain a copy of your Certificate of Divorce or Decree Absolute by contacting the court office where the divorce was granted. Visit the following link to find the address and telephone number of the appropriate court office.

Name Change

For information regarding changing your name, contact the Nova Scotia Vital Statistics Office.

Don't forget to update your identification documents if you change your name.

Address Change

Visit our Moving To and Around Nova Scotia Life Event for suggestions.