Divorce And Custody Guidance

Summary

In New Brunswick, divorce requires a one-year separation, with both fault and no-fault options. Child custody focuses on the childs best interests, while property division follows equitable distribution. Demonstrating active involvement in your childs life can strengthen your custody case. Document interactions and financial contributions, and gather witness testimonies. If facing false accusations, keep detailed records and consult a family lawyer for guidance.

Full Conversation

Test
Hello Test! How can I assist you with your legal issue today?
I am going through a divorce
I'm sorry to hear that. Divorce can be challenging. In New Brunswick, there are a few key points to consider:
- You must be separated for at least one year before filing.
- Both fault and no-fault divorces are recognized.
- Division of property and spousal support are determined by the court.
Do you have any specific questions or concerns about your divorce process?
what defines as separated
In New Brunswick, being "separated" generally means that you and your spouse live apart and no longer intend to live together as a couple. This separation must be continuous for at least one year before you can file for divorce. It is possible to be considered separated even if you still live in the same home, as long as you lead separate lives.
what defines separate lives
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In New Brunswick, "separate lives" can mean:
- No shared activities or socializing as a couple.
- No sexual relationship.
- Separate finances, such as bank accounts and expenses.
- No shared responsibilities, like household chores or parenting duties.
- Publicly presenting yourselves as separated, like informing family and friends.
how does divorce worko
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In New Brunswick, divorce generally involves the following steps:
- Establish separation for at least one year.
- File a petition for divorce in court.
- Address matters like child custody, support, and property division.
- Court grants the divorce if all conditions are met.
Do you have questions about specific aspects like custody or property division?
both
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In New Brunswick, both child custody and property division are key aspects of the divorce process:
- Child Custody: The court prioritizes the best interests of the child, considering factors like the child's relationship with each parent and each parent's ability to care for the child.

- Property Division: Typically involves equitable distribution, meaning fair, but not necessarily equal, division of marital assets and debts.
Would you like more detailed information on either child custody or property division?
more details
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Certainly! Here's more information on each aspect:
- Child Custody: The court examines various factors, including the child's relationship with each parent, the stability of the home environment, and each parent's ability to provide for the child's emotional and physical needs. The primary focus is always the child's best interests.
- Property Division: New Brunswick follows the principle of equitable distribution. This means the court aims to divide marital assets and debts fairly, considering factors like the length of the marriage, each spouse's contributions, and future financial needs.
If you have specific questions about either child custody or property division, feel free to ask!
marriage has been 5 years
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In a *-year marriage, factors like contributions to marital assets and future financial needs are considered for property division. Child custody decisions focus on the child's best interests. Do you have questions about these aspects or need information on another part of the divorce process?
how can I get custody of the kids and avoid paying alimony
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In New Brunswick, here are some general points to consider:
- Child Custody: Focus on demonstrating your ability to provide a stable and nurturing environment for the children.
- Avoiding Alimony: Alimony is typically based on financial need and ability to pay. If incomes are similar or you can prove your spouse doesn't need support, you might avoid it.
Would you like more details on building a strong custody case?
I am the only one driving the kid and mostly paying things for the kid and doing almost all the chores for the kid and playing with the kids
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It sounds like you're very involved in your child's life and responsibilities. Demonstrating your active role in your child's daily life can strengthen your custody case. Consider documenting your involvement and showing how you provide a stable environment.
Would you like more tips on building a strong custody case?
yes
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Here are some tips for building a strong custody case in New Brunswick:
- Document Involvement: Keep records of your daily activities with your child, such as driving them to school and participating in extracurricular activities.
- Stable Environment: Highlight your ability to provide a safe and nurturing home.
- Witnesses: Gather testimonies from friends or family that attest to your active role in your child's life.
If you have further questions, feel free to ask!
wife is demanding she sits in the passenger for all apointments
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It seems your wife is trying to assert some control over certain situations. While this might feel uncomfortable, it may not directly impact custody or divorce proceedings unless it's part of a larger pattern of behavior. You might consider discussing this with your lawyer to see if it has any relevance. Do you have any concerns about how this might affect your case?
she might say she is performing * * with the child
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It's common in custody battles for both parents to claim equal involvement. To strengthen your case, consider documenting specifics:
- Track time spent with your child, including driving, attending appointments, and daily chores.
- Maintain records of financial contributions for your child's needs.
- Gather witness testimonies supporting your involvement.
Would you like more information on how to effectively present this in court?
yes
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Here are some tips for effectively presenting your involvement in court:
- Detailed Records: Keep a diary or log of daily activities and interactions with your child.
- Financial Contributions: Document all expenses related to your child's needs.
- Witnesses: Collect statements from friends, family, or other witnesses who observe your involvement.
If you have more questions, feel free to ask!
wife is saying she will make sure I lose my job
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In New Brunswick, if your spouse is making threats that could impact your employment, you might consider:
- Documenting any threats or communications.
- Seeking a protective order if necessary.
- Consulting with a lawyer about how this might affect your divorce and custody cases.
Would you like more information on how to handle this situation legally?
yes
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It seems like your situation may require legal assistance. Would you like to be connected to local lawyers who can better assist you with your case?
yes
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Given the complexity of your situation, connecting with local lawyers can be beneficial. Let's start by gathering some necessary information.
What is your phone number?
i have further questions
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I'll be happy to answer any further questions you have. To assist you effectively and connect you with local lawyers, could you please provide the following details:
- What is your phone number?
I do not want to connect
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I understand you've chosen not to connect with local lawyers. If you have more questions or need additional information about the divorce process, custody, or handling the situation with your spouse, feel free to ask! I'm here to help with any general questions you might have.
wife is trying to involve neighbours to prove I am emotionally bullying her when she is the one arguing and gas lighting me
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It sounds like you're in a challenging situation. In New Brunswick, if you're facing accusations of emotional abuse, consider:
- Documenting interactions and any evidence of gaslighting.
- Seeking mediation or counseling to address communication issues.
- Consulting a family lawyer to understand your rights and defenses.
Do you have any questions or need information on how to handle this situation legally?
yes
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In situations involving accusations of emotional abuse in New Brunswick, it's important to protect yourself legally. Here are some options:
- Keep detailed records of interactions with your spouse, especially those involving arguments or accusations.
- Consider seeking mediation or counseling services to improve communication.
- Consult a family lawyer to understand your legal rights and defenses.
If you have more specific questions about your situation or need further information, feel free to ask!
provide more information
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You're dealing with a complex and emotionally charged situation. Here are some additional general options you might consider:
- Legal Documentation: Keep thorough records of interactions, especially those involving disputes or accusations.
- Mediation Services: Consider mediation to address communication issues and potentially de-escalate the situation.
- Legal Consultation: Consult a family lawyer for personalized advice on defending against false accusations and understanding your rights.
If you have more specific questions, feel free to ask!
how do I prove my wife is the abuser
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In New Brunswick, proving abuse can involve:
- Documenting all incidents, including dates, times, and descriptions.
- Collecting evidence such as messages, emails, or recordings.
- Gathering witness testimonies from those aware of the situation.
- Consulting a family lawyer for guidance on presenting evidence in court.
If you have more questions or need further assistance, feel free to ask!
she has evidence apparently that she is claiming how to combat this
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In situations where your spouse claims to have evidence of abuse, consider these steps in New Brunswick:
- Review any evidence your spouse presents and counter with your own documentation.
- Gather witness testimonies supporting your side.
- Consult a family lawyer to strategize a defense and understand how to present evidence effectively.
If you have further questions or need more detailed information, feel free to ask!