Is your relationship with your spouse deteriorating? Have you been contemplating separation but are unsure whether to opt for legal separation or divorce? Learn more about these two legal statuses and how to request them with the help of specialized family law attorneys at Riendeau Avocats.
What Does Legal Separation Entail?
Unlike divorce, legal separation does not dissolve the marital bond. It frees the spouses from their obligation to live together while preserving their other marital obligations, such as the duty of support and assistance.
Divorce ends all obligations arising from marriage. To file for divorce and obtain a judgment to this effect, the spouse must meet one of the criteria provided in section 8 (2) of the Divorce Act, which includes:
This same spouse must also demonstrate that there is no possibility of reconciliation between the parties. Once one of these criteria is proven and a decision is made in this regard, a divorce will dissolve the marital bond and free the spouses.
Divorce and legal separation are obtained in the same way, by filing an introductory application with the courts. The applications can be made jointly or filed by one of the spouses.
Both legal separation and divorce can be pronounced by a court.
When there is an agreement between the parties, a convention dealing with the issues can be ratified by a court when it pronounces a judgment of divorce or legal separation. If the parties do not agree on these issues, the court will decide the contested matters based on the evidence presented, and will pronounce the divorce or legal separation. In either case, the parties must comply with the judgment rendered.
Following the judgment, it’s possible to request a modification of ancillary measures in case of significant change.
Please note that if you request legal separation, it’s always possible, later on, to request a divorce. The reverse, however, is not possible.
Are you currently in this situation? Do you wish to learn more about this topic? Schedule an appointment for a one-hour consultation with one of our excellent attorneys specialized in both family law and youth protection.
If you wish to file a request with the Court and need assistance
Contact us for an initial consultation with one of our lawyers specializing primarily in family law and youth protection.
La question du choix d’école peut être à l’origine de certaines tensions puisqu’il arrive souvent que les parents ne s’entendent pas sur l’école à choisir pour leur enfant lorsque celui-ci atteint l’âge d’entrer à l’école ou même pendant son parcours scolaire.
A psychosocial expertise is an evaluation ordered by the Court, carried out by a social worker or a psychologist.
Our blog on Family Law. Foster Care Until Majority: What Are the Criteria? The Youth Protection Act sets out several …
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Department Head
Rosalie Larouche is the head of the Family Law Department.
Her focus includes family conflicts in the Superior Court, such as child custody, divorce, child and spousal support requests, as well as matters related to youth protection in the Youth Division of the Quebec Court.
Arts and music hold a special place in Me Larouche’s life. Before practicing law, she worked as Communications Manager for Jeunesses Musicales du Canada and later as Artistic Coordinator for the Concours Musical International de Montréal.
A member of the Bar since 2020, Me Larouche holds degrees in law from the Université du Québec à Montréal, in piano from the Royal Conservatory of Music in Brussels, and in cultural organization management with honors from HEC Montréal.
She serves on the board of the Festival de Lanaudière and is a member of the Association des Avocats et Avocates en droit de la famille du Québec.
Legal Assistant
With years of experience in administrative roles and customer service, Leila is an experienced professional dedicated to optimizing efficiency and client satisfaction. Her extensive background enhances our team’s commitment to providing superior quality service.
Lawyer
Me Aurélie Messang joined our team as a student-at-law and later as a family law attorney. Her practice includes handling divorce, separation, parenting time, child support, and adoption cases.
Ms. Messang recognizes the sensitivity of family matters and will guide you through the process with care. Meticulous and attentive to client concerns, she is dedicated to fiercely advocating for your interests.
Education and Memberships:
Faculty of Law, Nancy (Master’s I)
Faculty of Continuing Education – Université de Montréal
Member of the Barreau du Québec
Languages: French
Lawyer
Ms. Perez joined the Riendeau Lawyers team as a lawyer after completing her Bar internship. A graduate of the Université de Montréal, Me Perez practices before the Superior Court of Quebec, covering all aspects of family law, including divorce, child custody, alimony, and financial interests division.
In her practice, Me Perez stands out for her humane approach, attentive listening, and professionalism. Committed to safeguarding her clients’ interests, she will guide you towards sustainable and appropriate solutions for your situation.
Education and Memberships:
University of Montreal (LL.B)
Member of the Barreau du Québec
Languages: French, English, Spanish
Lawyer
Ms. Ndoye joined the family team at Riendeau Avocat in January 2022. A member of the Quebec Bar since 2015, her experience and expertise are valuable assets to our firm, her areas of practice include civil law, family law, youth law, international law, and international child abduction.
Ms. Ndoye studied law in Africa, France, and Canada, earning multiple law degrees from universities on three different continents. This diversity has equipped her with solid knowledge in international law.
Over the years, she has successfully litigated significant cases in the Superior Court and the Court of Appeal of Quebec, covering civil law, family law, and international law. Dedicated to her clients’ interests, she consistently goes above and beyond to reassure them and provide the best chances of success.
Education and Memberships:
LL.L : University of Ottawa
PhD (Doctorate) in Law: University of Strasbourg (France)
Master’s in Law: University of Perpignan (France)
Bachelor’s in Business Law: Université Gaston Berger (Saint-Louis)
Languages: French, English
Legal Technician
Andréann graduated from Collège Ahuntsic in Legal Techniques in May 2020 and spent a year as a court clerk at the Superior Court.
With Riendeau since January 2021, she is deeply passionate about law and legal research. Organized and efficient, Andréann has applied her clerkship skills and knowledge to benefit our firm.
Legal Technician
Valérie graduated from Teccart Institute as a legal technician in April 2020. With a naturally empathetic demeanour and a keen interest in family law, she joined the Riendeau – Family Law team in September 2020. Meticulous and attentive, she consistently works hard to provide the best service to our clients. She is a true asset to our firm.
