Much ado about nothing? Wrongly accused of something you did not do?
Everyone makes mistakes. People should not be defined by one moment and character assassination.
Charged with criminal offence or in Family Law problem where you need experienced Trial Lawyers? Contact the law offices of D. Gosal & Assocaites Law Corporation.
Recently, a viral video from the dirty and elswhere had been surfacing about Keeping up with the Dhaliwals, involving alleged unfortunate circumstances and conduct. They were allegations only, and one is presumed innocent, at least, under the Charter of Rights and Freedoms, for offences under the Criminal Code, R.S.C.
At the request of the family, the names of certain parties involved have been removed as a courtesy, as the purpose here is to address the principles of family law, and not the specifics of any case.
There are many community servies for counselling (individual, and joint), and for mediation of problems.
Canada is virtually a no-fault divorce jurisdiction. Unlike for example New York (2010) and South Dakota (1985), which were last of the states to enact No-Fault statutes.
Litigation really should only be a LAST alternative; as it is emotionally taxing, and can be very toxic, and very expensive. BC Provincial Court, handles certain matters under the Family Relations Act, R.S.B.C., including Guardianship, Access, Custody, Parenting Time, Spousal and Child Support. There is concurrent jurisdiction on these matters for BC Supreme Court, which also deals with Divorce, and Real Property and Property Division, so it can become complex. Often in certain ethnic communities, due to cultural perceptions, etc. one party (often the female) is not on legal title to the property; despite contribution the matrimonial home. In these circumstances, claims could be possibly made in Equity, for claims of trust, and resulting trust claims, etc.
The grounds for divorce under the Divorce Act, R.S.C., are:
To get a divorce in Canada, one has to show a marital breakdown. The law provides that marriage breakdown has occurred if:
you and your spouse have lived “separate and apart” for one year with the idea that your marriage is finished; or
your spouse has committed adultery (had sexual intercourse with someone else) and you have not forgiven your spouse; or
your spouse has been physically or mentally cruel to you, making it unbearable to continue living together.
Cruelty may include acts of physical violence and those causing severe mental anguish.
Given time lengths for cases, the most common and one not requring little contested evidence is the 1 year separate and apart.
“Separate and apart’ does not necessarily mean living in separate homes. Once can be separated and still live under the same roof, for various reasons financial, familial pressure, children, etc). Separation dates can therefore be triggered before.
Other issues often arise in family law cases, includnig:
-Property Division (real estate, and other property)
-Child Access and Custody, and Parenting Time
For more information contact us. www.gosallaw.com