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August 25, 2022 by Anthony Family law

Divorce can be a challenging, time-consuming, and emotional process. It’s easy to get wrapped up in the circumstances and wish you had done some things differently when you look back later on. Some of the common divorce mistakes people make are not understanding how marital and individual assets differ, letting the focus stray off of the children if applicable, and trying to go through the process without an lawyer. We cover each of these in more detail below.

Divorce is always a major change, and even the quickest and most agreeable divorces can have some hiccups. It’s important to have legal counsel you can trust to advocate for your rights. Our law firm serves clients in the Toronto, ON, area and can help you navigate the process from start to finish.

How Can You Develop a Positive Coparenting Relationship?

Not all divorces involve children, but the ones that do are often more complex. Child custody and child support matters can be contentious and take time to work out, and it can be difficult to keep the larger co-parenting relationship in focus. When you are dealing with your ex, it’s important to try to view them as your children’s parents and to focus on what’s best for the children. And in most situations, that’s a healthy, positive relationship with both parents.

What Qualifies as Martial vs. Individual Assets?

What counts as marital property is a common area of misunderstanding in divorces. In general, any property acquired after the marriage is considered marital property—even if it’s only in one person’s name or the purchase was made by one person. Individual assets that are not subject to marital property division guidelines are generally those that existed as separate assets before the marriage and that were not used as marital property. For example, if one person had a bank account before the marriage and maintained that in their name only, that would be individual property. But if they used the funds from that account to pay marital bills or expenses, it could be considered a marital account.

Why Do I Need a Divorce Lawyer?

In some cases, couples are able to agree on all of the terms of the divorce and are ready for it to be an amicable split. If this is you, it can be tempting to attempt to go through the divorce process without an lawyer. However, it’s important to note that even divorces that start off well don’t always end that way, and it can be difficult to pivot quickly if your ex decides they no longer agree on child custody or division of assets in the middle of the divorce. A divorce lawyer can help ensure all of your paperwork is filed correctly and that you understand how any agreement reflects your rights and interests under Ontario law.

The first step is talking with a divorce lawyer about your situation. Our team is experienced with common issues and pitfalls that come up in divorces and can help you understand your options. Call our Toronto office today at 647-933-2397 to set up a consultation.

August 24, 2022 by Anthony Family law

Filing a divorce in Ontario is a relatively simple process. All you have to do is file the proper forms with the local family court and pay any associated fees. However, these forms need to be filled out correctly and all of the divorce requirements must be met to ensure that the divorce can move forward. While it is possible for someone to file for divorce without an lawyer, it’s not advisable. To file for divorce with a lawyer, all you have to do is retain counsel and have them draft the paperwork for you to sign before they file it.

If you’re ready to file for divorce, the first step should be to talk with an experienced family law lawyer. Our firm can help you understand the Ontario laws and what to expect from the divorce process.

Are There Legal Requirements to Get a Divorce?

There are specific legal requirements that you must meet to file for divorce in Ontario. The marriage must either be ending as a result of infidelity, cruelty, or abuse, or you have to have been living apart for at least one year. While this often means living in separate houses, this isn’t always the case. The law requires that you be living separately and apart for one year, but it is possible to meet these requirements without having two residences.

How Long Does the Divorce Process Take?

How long the divorce process takes depends on your unique situation, and the most important factor is whether both parties are in agreement on the divorce and how any property division or child custody matters will be handled. In general, it can take anywhere from four to six months to get through the divorce process, but this can be significantly longer–even stretching into years–if there are issues that have to be handled through a trial in the family courts.

When is a Divorce Considered Final?

Many people celebrate when the judge hands down the divorce decree, but this isn’t when the divorce is actually considered final. A Divorce isn’t considered final until 31 days after the decree is filed by the judge. This is especially important to be aware of if you are planning to get remarried shortly after the divorce, as you will need to wait for the divorce to take effect before you can remarry.

Divorce is common, but that doesn’t mean it’s easy. Depending on the joint assets you have and whether there are children involved, you may need to consider aspects such as spousal support, child custody, and child support. Schedule a consultation with one of our lawyers to get more information about how divorce works in Ontario and what your next steps should be. Call 647-933-2397 today.

August 23, 2022 by Anthony Family law

Spousal support is a type of monetary support that the courts can award when a couple divorces. It is money that is paid on a monthly basis from one party to the other. The goal of spousal support is to provide temporary financial support to one party as they get back on their feet and more financially established after the divorce.

Spousal support amounts can be significant and can play a large role in your finances after the divorce. If you are getting a divorce and you think that spousal support may be a factor, talking with an lawyer can ensure that you understand what to expect.

Under What Circumstances is Spousal Support Awarded?

In Ontario, spousal support can be a factor for marriages or common law relationships of at least three years. There are some situations where non-marriage relationships may also qualify, specifically if the relationship resulted in a child. Spousal support amounts are determined by taking a variety of factors into consideration. These can include the income of both parties, whether responsibilities during the relationship led to one party not being able to pursue career or education goals, the number of children, and any special circumstances.

How Long Do I Have to Pay Spousal Support?

How long a spousal support order is in place usually depends on how long the relationship lasts. The general duration of spousal support ranges from six months to one year for every year of the relationship. This means that a 10-year relationship could result in a spousal support order that is valid for five to 10 years. However, if the relationship lasted at least 20 years, the courts have the option of making a spousal support order permanent, which is often commonly referred to as alimony.

What Should I Do If I’m Unable to Pay?

If you think you may be unable to meet the obligations of a spousal support order, it’s important to take action as early as possible. Let the courts know that you don’t think that the spousal support amount is reasonable considering your financial situation or that you don’t believe that the relationship qualifies for spousal support to be a factor. You will need to provide evidence and documentation for any argument you are making, and this is where an lawyer can be of service.

Whether you are the party receiving or paying spousal support, it’s important to understand your rights, obligations, and legal options. Our lawyers are experienced with cases involving spousal support and can provide counsel on how to present your case to the courts, how to request a modification of a spousal support order, and how to enforce a support order. For more information on our team and how we can help, call 647-933-2397 today to schedule an appointment.

August 20, 2022 by Anthony Family law

In Ontario, most child support orders are valid until the child turns 18. However, there are some exceptions that can extend an order. Sometimes, if the child turns 18 during their last year of secondary school, the support order could remain in place until the child graduates. Ontario also allows some support orders to remain active if the child decides to pursue college and is still a dependent during this time.

When you are issued a child support order, it’s important to review it fully so you know what the terms are, how much the support order is per month, and how long it lasts. If you have any questions about your child support order, our law firm can help you understand what it covers and what your options are if you think it should be different.

When Are Child Support Orders Issued?

Child support orders are issued when the parents of a child divorce. Child support orders can also be issued if two parents never married but one parent believes they may be entitled to a support order and petitions the court. It’s common for support orders to be issued in combination with child custody orders. The child support agency has to determine the amount of support from the financial records of the parents, so it can take some time to be finalized and put in place.

Can I Ask for a Modification to a Child Support Order?

It is possible for child support to be modified after it has been put in place. The first step is to look over your existing order and decide what change you are requesting. One of the most common modification requests is to lower the amount of child support ordered based on the payor losing a job or decreasing income. Next, you will need to file the paperwork with the courts and serve the other parent. If both parties agree to the change, the courts can modify the order and make it final. If the parties disagree, the case goes before the courts to make the final determination.

Can an lawyer Help Me With a Child Support Order?

While child support modifications are usually straightforward, an lawyer can be a valuable asset. They can ensure that the paperwork is completed correctly, filed with the appropriate departments and that it clearly explains the reason for the modification request. If the case has to go to the courts, an lawyer can argue your position in the courts so that you don’t have to worry about preparing notes or going before a judge.

If you live in the Toronto area and are interested in modifying your child support order, schedule an appointment with our firm today to go over your options. We have experience with child support orders, including initial orders and modification requests, and can walk you through the process. Call 647-933-2397 to get started.

August 18, 2022 by Anthony Family law

How long a divorce takes in Ontario depends on whether it is contested or uncontested and how many aspects the two parties agree on. An uncontested divorce is faster than a contested divorce and usually takes just a few months. A contested divorce can take much longer and may even take years to resolve if there are complicated custody decisions or several trials within the divorce.

Just because divorce is common doesn’t make it simple or quick. By rushing through the process, you may end up settling for less than you deserve. Talk with one of our lawyers to find out what you may be entitled to in a divorce and how long you can expect the process to take.

How Long Do I Have to Wait to File for Divorce?

In Ontario, the courts require that couples who want to divorce be separated for at least one year before filing for divorce. This is designed to ensure that couples don’t rush into divorce proceedings only to regret it later on. Having to live “separate and apart” for a year can also make it easier for the parties to know what they want out of the divorce agreement. For example, they may already have a visitation schedule that’s working for them so that can be easily incorporated into the divorce agreement. Spouses who are divorcing for reasons of abuse or infidelity do not have to abide by the waiting period.

What Are Some Options to Speed Up a Divorce?

The easiest way to speed up a divorce is to look at it as a cooperative process. The more both parties can agree on, the less time the courts have to use in making decisions that the parties can’t make for themselves. If you want to make your divorce as efficient as possible, try to work out agreements with your ex for the major issues like property division, child custody, and spousal support in advance so all you need is a judge to sign off and make it final.

When is the Divorce Actually Final?

Many people think that the divorce is final at the resolution of the last hearing or when the judge issues the divorce decree. However, this isn’t quite true. In Ontario, a divorce is final at 31 days after the judge grants the divorce. While this may be close enough to not be an issue for most people, parties getting a legal divorce so that they can marry someone else must pay careful attention to this timeline.

The first step in filing for divorce is to contact an experienced family law lawyer. Our lawyers are knowledgeable about all facets of divorce and know what questions to ask to find out how long your divorce may take. To get more information and get the process started, call 647-933-2397 today to schedule your appointment.

August 15, 2022 by Anthony Family law

The costs associated with a divorce include a few separate fees. These are the lawyer fees, the court costs, the filing fees, and any other expenses. Other expenses could be things like transportation costs to and from court hearings and hiring outside experts. Most of the money that you will spend on a divorce is for the lawyer fees.

Cheaper isn’t always better, and while it can be tempting to DIY a divorce to save money, it can cost you much more than money in the long run. Our lawyers can help you understand all of your options and rights when it comes to divorce and make sure that your interests are protected throughout the entire process.

How Much Does a Divorce Lawyer Cost?

According to the Canadian Legal Fees Survey published in Canadian Lawyer Magazine, the average fees for a family lawyer in Ontario range from a little over $1,000 to almost $30,000. The least expensive option on average is an uncontested divorce, which costs around $1,200 in Ontario. The most expensive option is a divorce that includes a trial up to 5 days in length at $28,350. Divorce lawyer costs in Ontario are generally on par with average national costs.

What Can I Do to Make a Divorce Cheaper?

The general rule for divorce costs is the longer the divorce takes, the more you can expect to pay in lawyer fees. This is because most lawyers charge by the hour, and a divorce that takes longer than normal also usually includes more hearings, more time spent interviewing witnesses, and more time spent gathering evidence. If you and your ex can agree on the major points of the divorce, it is likely to be less expensive because it turns what can be a long back-and-forth process into just asking a judge to sign off on the agreement and make it final.

What Happens If I Don’t Have the Money for a Divorce?

If you don’t have the money for a divorce, there may be some options. Short-term loans are sometimes available and can give you the money for a retainer quickly. Friends and family members may also be willing to donate or loan toward the divorce funds. Some people also consider selling large ticket items or taking on another job to pay for the divorce, but it’s important to talk with an lawyer before selling marital property or doing anything that could impact the family finances, as this can affect the divorce proceedings themselves.

If you’re not sure if you can afford a divorce and need to know what your options are, contact our Toronto office at 647-933-2397. We can look at your case and let you know how much your divorce may cost and what options we have for moving forward.

August 14, 2022 by Anthony Family law

Father’s rights is a blanket term that is used to refer to the rights fathers have to see their children. It has been used by some family law groups in relation to the idea that it is harder for fathers to get sole or equal joint custody of their children than it is for mothers. However, Ontario doesn’t officially have any kind of legal father’s rights. Instead, the family courts here operate under the assumption that both parents have equal rights to the children unless there are exceptional circumstances—such as abuse—that indicate otherwise.

If you’re a father who is fighting for custody or more visitation, it’s important to understand how parental rights work in Ontario and what your options are. Our law firm has experience with these types of cases and can help you form a strategy to pursue your case through the family courts.

Can the Mother Deny the Father Access to the Children?

In Ontario, the courts recognize that children have a right to have a relationship with both parents. This means that one parent cannot deny the other parent access to the children unless there is a court order specifically allowing this. Both parents must abide by any court order in effect regarding custody or visitation rights, and this includes providing access to the children as well as exercising any given visitation rights.

How Can a Father Get Increased Visitation Rights?

The primary way to get increased visitation rights is to petition the courts either to issue a child custody order with visitation if there isn’t one established already or to modify an order already in place. If there is already a custody order, it’s important to be able to show the courts that the children would benefit from having more time with you and that you have been an active, involved part of their lives thus far.

What is Involved in Changing a Custody Agreement?

To alter a custody agreement already in place, you will need to file a petition with the courts. These petitions need to show that there is a reason for the proposed change and that the change would be in the best interests of the children. This is an important distinction to note because many parents try to focus on why they should have access to the children instead of why the children should have access to–and a relationship with–them.

Navigating the family court system can be challenging, but it helps if you have an experienced family lawyer by your side. Call our office today at 647-933-2397 to find out more about how we can help with these cases.

August 12, 2022 by Anthony Family law

A legal separation is an option for married couples who no longer wish to operate as a couple but who don’t want to get divorced. Couples who aren’t sure yet if they want to permanently end their marriage may choose legal separation as a trial to see if they want to get back together. In many cases, couples who choose to go through a legal separation will also live apart. However, it is possible to be granted a legal separation and continue to live in the same house.

If you are considering a legal separation, it’s important to understand all of your options and what a legal separation accomplishes. Our team of lawyers is familiar with the laws regarding legal separations in Ontario and can help you decide which course is best and help you start taking steps forward.

What is a Divorce?

A divorce is the legal dissolution of a marriage. While a couple can choose to no longer live together or operate as partners, they have to be legally divorced in order to remarry. A divorce also allows the courts to decide on matters related to child custody and issues orders for child support or spousal support.

Do You Have to Be Separated Before Filing for Divorce?

In Ontario, it is required that couples be separated for at least one year before filing for divorce. The exceptions to this are if the divorce is being filed because of abuse or because a spouse cheated. However, you don’t have to be legally separated to meet the separation requirements for a divorce. If you’re not sure if you have been separated long enough to file for divorce, talking with an lawyer can help you better understand this requirement and what you need to do before you move forward.

What Are the Benefits of a Legal Separation?

Beyond giving you time to decide if you truly want a divorce, a legal separation offers a few benefits. When you are granted a legal separation, you are still able to access the spousal benefits related to social security, health care, pension and retirement accounts, and taxes. You are able to reap all of the benefits the government provides for married couples while still being free to have an independent life.

If you are considering a legal separation, it is important to have all of the facts. A legal separation may impact how a divorce filing is handled later if you choose to move forward and should be treated as a serious legal action. Call our office today at 647-933-2397 to schedule an appointment with one of our lawyers who can help you understand legal separations and whether it’s an option for you.

August 10, 2022 by Anthony Family law

Joint custody normally refers to parenting agreements that allow both parents to have a say in decisions regarding the children. This is called joint legal custody or joint decision-making responsibility. However, some people may also use this term to refer to physical custody, which is a separate matter in the courts. For example, the courts may order that one parent has sole decision-making responsibility, but the parents have an equal time split. This would be sole legal custody but joint physical custody.

Custody issues can get complicated. If you’re not sure what kind of custody arrangement you have–or are trying to determine what custody arrangement you want during a divorce–our lawyers can explain the different options and the pros and cons of each.

How Is Joint Custody Ordered?

Joint custody has to be ordered through the courts to be official. Unmarried parents, for example, may choose to share custody and decision-making responsibilities, but in Ontario, the mother has sole legal custody until established otherwise. To get a joint custody order decreed by the courts, you will need to fill out and file the appropriate paperwork that includes the current custody arrangement and the reason you are seeking joint custody.

What Happens If We Disagree on Something Not in the Custody Order?

A child custody order often outlines how major decisions will be handled and who gets the final say. For example, the order may specify that one parent has sole decision-making responsibilities for medical and education decisions, but that the parents have to agree on relocating out of the school district. If something isn’t specifically spelled out in your custody order and there is a disagreement, the matter may have to be settled through a trial in the family courts.

Can a Joint Custody Order Be Changed?

It is possible for a joint custody order to be changed, but it’s not an easy process. To have grounds for a custody order to be changed, you generally need to show that there has been a change of circumstances and that the original order is no longer reflective of the children’s best interests. You will also need to show in your petition why changing the order does reflect those best interests. Having an lawyer help you with that and be there to represent you in court can make things less intimidating and ensure that you put forth the strongest argument possible.

While the courts are increasingly recognizing that joint custody may be preferable for the majority of situations, it’s not the right option for every set of circumstances. Our firm can explain the different types of parenting agreements available in Ontario and help you devise a strategy if you think that a sole custody order may be the better option for your case. Call 647-933-2397 today to book a meeting with a member of our team.

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