Contested Divorce Petition

Everything you need to know about filing for
divorce and the agreement between spouses

The application for divorce is a claim against the other spouse. The application for divorce will deal with two main issues.

The first component relates to children. It will deal with applications for shared parenting time. The request for sole or shared custody, access rights, parental authority and travel authorizations will be addressed. In the second part, the financial aspect will be addressed, such as the division of the family patrimony and the matrimonial regime.

The Superior Court will deal with the division of the family patrimony such as the principal residence, the secondary residence, the pension plans, the R.E.R.s, the earnings registered with the Régie des rentes du Québec, the vehicles and the furniture. The matrimonial regime will then be liquidated and divided.

Other specific claims may be addressed before the Court such as the use of a particular property, spousal support, compensatory allowance and lump sum. Once the Superior Court renders judgment on the division of property, it will be final except in very specific and exceptional cases such as an appeal in the Court of Appeal, misrepresentation by a spouse or incapacity of either party. The only reopening of the divorce judgment will be possible with regard to parental time and alimony.

An application to modify custody or support is a legal procedure that allows a party to request a review of the existing custody or support agreement. This request can be made when circumstances have changed since the last decision or the needs of the children have changed. The reasons a party may request a modification vary, but may include changes in work schedules, financial hardship, health issues, or changes in the children’s living situation.

A request to modify custody may be necessary if either parent wishes to change the terms of the current custody agreement. This request may be made if either parent has a change in employment or personal circumstances since the last decision. For example, if one parent has obtained a new job with different hours, this may affect the parent’s ability to care for the children on the established schedule. In these cases, a custody modification may be requested to accommodate the new work schedule.

An application to vary support can be made if either party feels that the amount of support is inappropriate. This application can be made if either party’s financial situation has changed since the last decision, for example, if one parent has lost a job or experienced a decrease or increase in salary. In these cases, a variation of support may be requested to reflect the new financial situation. It is important to note that an application to vary custody or support cannot be made at any time and that there are strict conditions that must be met. In fact, it is essential to demonstrate before the Court that there has been a major and significant change since the last judgment was rendered. Otherwise, there will be no possibility of reopening the existing judgment. This request can be made if the circumstances have changed since the last decision or if the needs of the children have evolved. It is important to follow the specific timelines and procedures for filing such an application. However, if you have an emergency, it is possible to file an interim or safeguard order in as little as ten (10) days to obtain an emergency modification of the judgment.

In conclusion, both the divorce application and the application to vary custody or support are important legal proceedings.

Me Martin Larocque divorce lawyer in boisbriand | M2L Avocats

Me Martin Larocque is a lawyer who has been practicing family law for thirty years and can help you. He regularly pleads before the Superior Court of the judicial districts of Terrebonne, Laval and Montreal.