Legal Question-Divorce

Athame2010 said:

If I was writing a book during the marriage, Then divorced and later published; can my ex claim rights to partial proceeds from the sales?
I am in Canada and can not find a lawyer in my area that really can help with this question.
Thank you

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You need a lawyer. And any decent divorce lawyer should be able to answer the question.

I know you say you can't find a lawyer who can answer it, but you need a Canadian lawyer familiar with division of property to answer the question. Even with a background in US divorce law, a US lawyer can't answer this question.

And really the answer will depend on so many factors - but, in the US, it's possible. So...you need a lawyer licensed in the jurisdiction where the divorce will occur, and they should be able to research the appropriate law.

good luck.

~suki

see if you can find a free legal advice hotline. I know some numbers in Australia, but that won't help you.

I agree with Suki that any divorce lawyer worth their qualifications should be able to help you with this query, and most do not charge for an initial consultation...

Best of luck, and I'm sorry that you're having a difficult time

It really depends on your situation and where you are from.

I know that here the only thing you are entitled to is your share of earnings from during the marriage.

But I know that divorce is a strange beast. You should check it out with a good divorce lawyer.

Did that person have an input into the novel? or even know you were writing it?

Athame2010 said:

If I was writing a book during the marriage, Then divorced and later published; can my ex claim rights to partial proceeds from the sales?
I am in Canada and can not find a lawyer in my area that really can help with this question.
Thank you
PS: I was not sure where this question actually belongs, sorry if it is in the wrong area.

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If you're already divorced, why do you have this question? Speaking from the US perspective, normally when divorce is finalized, all the questions of who gets what property and how much support (if any) is paid are also finalized.

But, I second (and third, and fourth) the advice above: you need to ask a lawyer. Pay for 30 minutes of a lawyer's time and you should get the answer you need--this doesn't sound like it should be a complicated question, unless your ex had a hand in writing the book (or is a character in the book, in which case perhaps he could sue you, but that's a completely different question than the one you asked and has nothing to do with the fact that you were married).

There is no law that says the lawyer who answers your question has to be in your area. Someone in your provincial capital is probably your best bet. Call them up and ask by phone.

Yes, to all the above responses. The way the law looks at marital property varies widely, even state-to-state here in the U.S. If you can't locate a lawyer in your jurisdiction who can give you a free consultation, and you also can't find a Canadian equivalent of a Legal Aid Society, check out a local law school. Many have legal clinics in which law students (supervised by clinical instructors) can provide legal advice. Some schools have clinics for only certain fields of law (e.g. foreclosure law, criminal defense, etc.), so you'll have to find one that can address domestic issues.

Good luck!