McKimm & Lott – Lawyers

I Want a Legal Separation

One question a client often asks is “How do I get legally separated?” The short response a lawyer might give is “Lets talk about the important issues first”. Separation when a relationship breaks down, is a question of intention. A couple can be separated and still living under the same roof. At the same time, spouses can be living in different countries, and not consider themselves separated. If one or both spouse considers the relationship to have broken down, then a separation has occurred regardless of who is living where. In most situations, by the time a client is seeing a lawyer about a family law issue, a legal separation has already occurred. Usually therefore, there is really nothing further to be done to “get separated”.

What the lawyer means should they give that rather rude response, is something quite different. What the lawyer means is that while a separation has occurred not a lot turns on the separation itself, from a legal point of view (from an emotional point of view of course, quite a lot may turn on a separation).

The real issues that the lawyer and client need to talk about are such things as custody, support and asset division. The length of time a couple is separated can be important for calculating grounds for divorce, or entitlement to apply for support, in some cases, but those issues are usually minor in comparison to others the lawyer may want to discuss.

If you have questions call or email our office – (250) 656-3961 – reception@mclott.com

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What Will it Cost?

For many people, the first time they meet a lawyer is when they are seeking help for a family law problem. Emotions can be running high and many of the initial discussions can center around unfamiliar or intensely personal issues. Sometimes, sensible discussions about costs and family finances, are lost in the turmoil.

When you meet with a lawyer, with questions about family law, you should make an effort to discuss what costs you can expect. If a relationship has broken down, particularly a long term one, there may be very significant financial issues to be decided. The amount of potential costs incurred may be small, compared to a result that provides you with financial security.

On the other hand, time can easily be wasted, and legal expenses incurred, over issues that have little to do with bringing matters to a conclusion. It is not easy, but discussing overall costs, planning a budget with those costs in mind, and deciding whether the benefits outweigh the costs, are matters that should be addressed as early as possible in your discussions with your lawyer.

Your relationship with your lawyer, even in the most emotional of family law cases, is always, to a degree, a business one. It is helpful to discuss and settle the terms of that business relationship, at the start.

If you have questions call or email our office – (250) 656-3961 – reception@mclott.com

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Monthly Finances

Often when a lawyer and a client meet to discuss a family law matter, not enough time is spent on the crucial issue of monthly finances. When a relationship breaks down the emotional issues can be enormous. At the same time that the client is struggling to deal with those issues the lawyer may be struggling to understand how much money their client needs every month, to live on.

It is not unusual for only one party in a relationship to deal with all the day to day financial issues. Consequently, when that relationship breaks down, the other party can be lost when it comes to knowing what their monthly financial needs are. This can lead to unreasonable expectations of spousal and child support, either far too high or far too low.

When talking with your lawyer on a family law matter, ask about budgeting. Try and have a good grasp of what your monthly financial needs are. Copies of account statements, income tax returns, bank statements, credit card statements and pay stubs, are all helpful. You will probably be asked to complete a financial statement. Try and be realistic when doing so. Try and return that financial statement promptly to your lawyer so he or she can properly advise you on what you can reasonably expect to receive every month, for support.

Clearly understanding your monthly financial situation, as promptly as possible after separation, can avoid unpleasant surprises at a later date.

If you have questions call or email our office – (250) 656-3961 – reception@mclott.com

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The First Visit to Your Lawyer

The first time you visit a lawyer with a family law problem don’t be surprised if they ask you about issues that to you, do not seem important. Much time is often spent, in that first interview, with each person talking about matters that, to the other, are not relevant.

For example, you may want to discuss your spouse’s conduct and behavior towards you. Such an issue, while extraordinarily important to you, often has little relevance to what the lawyer is trained to talk about, which are the legal issues. At the same time, the lawyer may ask you about your spouse’s pension, which can be a important legal issue but to you, at that point in time, is not of concern.

Before that first visit, try and consider why you are seeing the lawyer. Are you going to discuss how a relationship broke down or are you going to discuss the legal impact of such a break down. The distinction is important. On the one hand most lawyers are not trained as counselors and are not really going to be able to help with relationship issues. On the other hand lawyers are very well trained in the legal principles that apply when a family law problem arises.

Appreciating the distinction between the two can only help you with your first visit to your lawyer.

If you have questions call or email our office – (250) 656-3961 – reception@mclott.com

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