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How Can Ontario’s Spousal Support Advisory Guidelines Impact You if You Are Ending a Long-Term Marriage?

The end of a marriage is a challenging time, and there are many legal issues to consider, including spousal support obligations. Spousal support, also known as alimony, can be awarded following any divorce, but Ontario’s guidelines for the duration and amount of support are different for marriages lasting over 20 years. The court also makes special considerations based on the age of the support recipient at the time of the divorce, known as the “rule of 65.” If either of these circumstances apply, indefinite spousal support may be awarded. An experienced Ontario spousal support  lawyer can explain how these guidelines are used and what indefinite support can mean for your financial future.

What is Indefinite Spousal Support?

Many people think that an order of indefinite spousal support will result in payments that last for the rest of the recipient’s life. However, this is rarely the case. When the court awards indefinite spousal support, they are simply refraining from placing an end date on the payments at the time the support agreement is made. Indefinite spousal support is not generally meant to be permanent, and the support payments are still subject to the variation and review process.

If circumstances change for either party, for example, if the payor retires and experiences a decrease in income, the spousal support award can be reviewed and the payments adjusted or terminated. The court may also set an end date or modify the support payments if the recipient remarries, becomes self-sufficient, or has an increase in income. To lessen the confusion about the meaning of indefinite spousal support, it is often called “indefinite (duration not specified) support.”

How can an Individual Qualify for Indefinite Spousal Support?

Spousal support is meant to provide financial assistance to a spouse following a divorce to allow them the opportunity to achieve financial stability and independence. The amount and duration of spousal support depends upon several factors, such as:

• The age and number of children you share, if any.
• Your parenting time arrangement.
• The length of your marriage.
• How old you are at the time of divorce.
• The financial status of both parties.
• Whether one party has a disadvantage in their earning capacity.
• The spouse’s contributions to the marriage and the couple’s joint finances.
• One party’s financial need and the other party’s ability to pay.

In many cases, spousal support is a time-limited solution that gives the recipient the ability to seek employment, training, or other means of self-sufficiency. However, each situation is different, and there are cases where a more extended support period is necessary. Ontario’s Spousal Support Advisory Guidelines (SSAG) discuss two main circumstances where indefinite spousal support may be appropriate.

Marriages Lasting Over 20 Years

The SSAG recommends indefinite support in cases where the marriage has lasted 20 years or longer. The challenges of finding financial stability as a single person following a lengthy marriage may be significant, as it can be harder for older individuals to find well-paying positions within the workforce.

In long-term marriages, it is also more likely that one party spent more time child-rearing or tending to household duties instead of pursuing a career, and they will suffer financial hardships while trying to become self-supporting after the marriage.

The Rule of 65

The “rule of 65” takes into account not only the duration of the marriage but the individual’s age at the time of the separation. It allows for indefinite support in cases where the marriage lasted at least five years and the age of the individual plus the number of years of marriage equals or exceeds 65. For example, if a 58-year-old divorced after eight years of marriage, they would qualify for indefinite support under the rule of 65 because 58 + 8 = 66. While the duration of the support is impacted by the rule of 65, it does not necessarily affect the amount of the monthly support payment, which is governed by the income of each partner, and other factors. The support amount may also be subject to change when one or both parties reach retirement age.

Is Indefinite Spousal Support Guaranteed in Every Case Meeting These Guidelines?

It is vital to understand that the SSAG are only guidelines for determining the appropriateness of a spousal support award, not mandated laws. The court possesses significant leeway to decide what amount and duration of spousal support is suitable in each case. The court will always carefully consider whether indefinite support is necessary by considering if the individual is capable of supporting themselves in the near future, if they have the skills and physical ability to obtain and keep a job, whether they must care for children, and other variables.

Conversely, indefinite support may also be considered in cases that don’t quite meet the guidelines, such as marriages lasting just under 20 years. The recipient’s age, economic status, and ability to become self-sufficient will all play a role in the court’s ruling. The SSAG provides a starting point, but ultimately, the final decision rests with the court.

How Can an Experienced Lawyer Help You Navigate the Divorce and Spousal Support Process?

Spousal support awards and durations can vary widely. For many, these payments can make the difference between living comfortably after a divorce and facing serious financial challenges. If you are going through a divorce as an older individual or after many years of marriage, it is critical to consult with a knowledgeable spousal support lawyer who can help you understand your potential obligation or award. Contact Anthony Family Law today to speak with a skilled lawyer who can give you the personalized information and guidance you need: 647-933-2397.

How Can an Emergency Custody Order Help You?

In many cases, divorce can be a messy and emotional process. When minor children are involved, it can become even more complex. If you and your spouse cannot agree on a parenting plan, you may face a lengthy wait while the family court decides the outcome of your case. You may be able to file a motion for a temporary custody order to ensure your child has a stable plan in place for their care until the court makes its final ruling.

However, even a temporary custody order can take time. What if you have immediate concerns about the welfare or safety of your child? In these situations, an emergency custody motion can be brought to protect their well-being until the court can examine the situation and determine the appropriate course of action. An experienced Ontario family law lawyer can explain the situations where an emergency custody motion may be brought and what to expect if an emergency order is granted.

What is an Ex Parte or Emergency Motion?

You must follow specific procedures when bringing a motion in Ontario family court. In the majority of cases, you need to fill out the appropriate forms and serve the other party in your case with the completed forms at least six days before your motion date, and you must also file your materials with the court in advance of your motion. You then need to attend a hearing where you present your motion and evidence. The other side gets a chance to respond, and finally, the judge makes a decision on the motion.

As you can imagine, completing this entire process can take some time, and the other side is aware of what is occurring well before the hearing date. An ex parte motion, also known a motion “without notice”, is an emergency motion brought without notifying the other party or giving them a chance to tell their side of the story to the court. Because it cuts the other party out from the regular legal process, an ex parte motion is only allowed under very limited emergency circumstances, and any order made by the court is typically temporary.

Under What Circumstances Can You Request an Emergency Custody Order?

An emergency custody order should only be used in urgent circumstances where another type of order would not be appropriate. You must be prepared to present sufficient evidence to support your emergency motion, such as proof of a history of domestic abuse, threats, and/or drug abuse by the other party that could indicate a danger to your child. There are three common situations where the court will approve an emergency custody order:

• The other party poses an immediate threat to the safety and health of the child.
• The child is in imminent danger of permanent removal from the province or country by the other party.
• In the case of an ex parte motion, where serving the other party with a notice of motion could risk harm or serious consequences to you or your child.

It is critical to consult with a knowledgeable child custody lawyer before filing an emergency motion. If the judge believes your motion was unjustified, you may be ordered to pay the other party’s legal costs related to the emergency motion.

What is the Effect of an Emergency Custody Order in Ontario?

If the emergency custody order is granted, your child will be placed into your care for the duration of the order. During this period, you will have both sole parenting time and decision-making responsibilities. If the other party violates the terms of the custody order, they could face criminal charges or be charged with contempt of court.

Emergency custody orders are typically temporary. You will likely need to attend another hearing in a few weeks, where the court revisits the order and determines the best course of action going forward. The other party will be able to present their case at this later hearing, and the court will consider their evidence and arguments. Following this hearing, the court will decide whether to extend the emergency custody order or set up a new parenting plan.

Does the Court’s Approval of Your Emergency Custody Order Mean You Will Automatically Get Permanent Sole Decision-making Responsibilities for Your Child?

Emergency custody orders are used to ensure a child’s safety until the court can get more information on the situation. The court’s ruling regarding permanent custody orders may differ based on the facts in the case and what the court believes is in the child’s best interests. After an emergency custody order has been granted, the other parent has the opportunity to present their side of the story to the court and may be able to regain custody of their child on a temporary or long-term basis.

Generally, the court prefers to have both parents strongly involved in the child’s life unless significant evidence argues against the creation of some type of joint parenting plan. If you have concerns about how the court makes decisions on parenting plans or whether the other party is fit to raise a child, your lawyer can address all your questions and help you bring valid issues to the court’s attention.

What Role Can a Child Custody Lawyer Play in Securing an Emergency Custody Order?

If you and your child are in an urgent situation where a delay in receiving a custody order could have serious consequences, a child custody lawyer from Anthony Family Law can help you bring the necessary emergency motion to protect yourselves. Your Toronto child custody lawyer will ensure that your motion is well-organized and adequately supported with facts, to give you the best chance of success. They will also help you as you go forward with the custody process following the emergency order. To learn more about how we can assist you during this challenging time, contact our Toronto family law firm today at 647-933-2397.

What is the Purpose of Interim Parenting Orders?

As soon as separation occurs, parents must start to make decisions about who will have parenting time and decision-making responsibilities for their children and when they will go into effect. The Divorce Act allows the court to implement interim parenting orders while the parents figure out their long-term plans. Interim orders provide stability for children while the adults work through the divorce and/or separation process. While these interim order family court are temporary rulings, they hold the same legal enforceability as final parenting orders.

In complex cases, final determinations on parenting orders can take months or even years, so interim orders play a vital role in assigning parental responsibilities during this challenging time. If you are a parent who has recently begun the divorce process, an Ontario family law lawyer with experience in drafting parenting orders can help you ensure that you continue to play a meaningful role in your child’s life. Reach out to our law firm today to learn how we can assist you.

Why isn’t the term “custody” used regarding these orders?

In the past, interim parenting orders were known as interim parenting or temporary custody orders, and you may still hear them referred to by these terms. However, the Divorce Act has been amended in recent years to reflect an emphasis on the well-being of the children involved.

This change has resulted in updated legal terminology that centers around the child’s needs and best interests. Therefore, “access” and “custody” have been replaced with the terms “parenting time” and “decision-making responsibility” in court proceedings.

How Are Interim Parenting Orders Created?

A few different scenarios could result in the creation of interim parenting orders. The process for your particular case will depend on the complexity of your situation, whether or not you and your ex-spouse can agree on terms, and the needs of your child(ren). Unless there are unusual extenuating circumstances, most interim parenting orders can be implemented without needing a lengthy hearing.

A judge must approve any interim parenting order before it is legally enforceable in most jurisdictions. They will consider whether a proposed plan is in the child’s best interests and may make modifications as they deem necessary. Some ways an interim parenting order can be enacted include:

• Both parents agree on a parenting plan, and the judge approves it.
• The judge approves an agreed-upon plan with modifications.
• Each parent creates a plan, and the judge combines them.
• Each parent proposes a plan, and the judge accepts one parent’s plan.
• The judge makes their own interim parenting plan based on the child’s needs.

Who Can Apply for an Interim Parenting Order?

Pursuant to the Divorce Act, anyone who has applied for a parenting order is eligible to apply for an interim parenting order. Either or both spouses in the divorce proceeding can apply.

Other individuals may apply, but only if they are currently in or seeking a parental role, such as:

• Biological parent(s) not involved in the divorce or separation.
• Grandparents or other family members looking to have parental rights.
• Other individuals who have been named as a child’s legal guardian.

Why Are Interim Parenting Orders So Critical?

While interim parenting orders are technically temporary, the court often uses them as a model for the permanent parenting plan unless either side can clearly demonstrate why they should be modified. The court’s main objective is to look after the child’s well-being and protect their best interests. As such, they prefer to maintain the existing arrangement whenever possible because changing the child’s care pattern may be highly disruptive.

Due to this preference by the court, it is crucial to create an interim parenting plan that is feasible for the long term because it may be challenging to introduce significant modifications later when negotiating a final parenting plan. An experienced divorce lawyer can help you plan ahead and build a parenting agreement that is beneficial for your child and you.

What if You Disagree With the Court’s Interim Decision?

As with any court proceeding, you have the right to appeal a decision if you have valid reasons for disagreement. You must have concise documentation to support your argument and follow the appropriate legal process. However, you must remember that the court does not generally consider what is convenient or best for each parent.

Instead, they are concerned about the well-being of the child. If you have strong preferences, it is best to be thoroughly involved in the negotiation process so you can make your wishes heard and create a solid plan that does not leave the decision entirely up to the judge. Your lawyer can advise you on the next steps to take if you feel that the interim orders are not serving your child’s best interests.

How Can a Child Custody Lawyer Help You Create a Sustainable Interim Parenting Plan?

As a parent, you want what is best for your child, whether that involves a short-term agreement or a long-term plan. Maintaining stability in your child’s life throughout the divorce process can be crucial to their well-being. A solid interim parenting plan that can transition smoothly into a permanent parenting order is often beneficial to your family.

Our law firm has years of experience helping parents craft the best possible parenting plans for their children. Even if your divorce or separation was less than amicable, we can assist you in negotiating an interim parenting order that minimizes the stress and disruption for your child and paves the way for a more permanent parenting order that accounts for the needs of your family. Contact our law office today to discuss your case with a helpful Ontario family law lawyer.

What Do You Need to Know About Setting Up a Parenting Agreement in Ontario?

A parenting agreement is made after a divorce or separation involving at least one minor child. This document outlines each parent’s rights and responsibilities regarding the child’s living arrangements, important life choices, and more. In the past, these decisions were discussed in terms of physical and legal custody.

In 2019, Ontario updated the wording of its Divorce Act to reflect a greater focus on the well-being of the children involved. Now your parenting agreement will include the terms “parenting time” and “decision-making responsibility”, instead of “access” and “custody”. Understanding what these terms refer to and how they can be used to create a mutually beneficial parenting agreement is critical for newly-divorced or separated parents.

What are the Important Distinctions Between Parenting Time vs. Decision-making Responsibility?

It’s crucial to remember that parenting agreements can look different from family to family.

These differences can be distilled down to choices regarding parenting time and decision-making responsibilities.

• Parenting time: Previously referred to as access, this is the time when a parent is responsible for their child and is acting as the primary caregiver, even if the child is in school or daycare. Usually, the child is living with the parent during this period unless the agreement involves supervised parenting time, where the parent can only see their child in the presence of another party monitoring the interactions. Being allocated parenting time gives a parent the right to request information from the other parent about their child’s well-being, education, and other essential matters.
• Decision-making responsibilities: Previously referred to as custody, when a parent has decision-making responsibilities, they are allowed to have the final say on fundamental aspects of their child’s upbringing, including their cultural influences, education, medical decisions, religious affiliation, and more. These responsibilities can be shared or granted to one parent.

There is obviously an overlap between these two areas since a parent has general decision-making responsibilities for the day-to-day issues affecting the child during their parenting time. However, while either parent can make minor decisions during their parenting time, major decisions must be made by the parent with that responsibility or agreed upon by both parties if it is a joint responsibility.

If You Have Joint Parenting Time, Do You Automatically Have the Right to Equal Input on All Decisions Affecting Your Child?

Your decision-making responsibilities are not automatic and ultimately depend upon the nature of your parenting agreement. If both parents can easily agree on decisions, they may choose to share the responsibility for all decisions equally. If there are issues that one parent feels strongly about or has particular knowledge of, then the agreement may allocate different types of decisions to each parent.

For example, one parent may be responsible for all choices regarding their child’s education and religious upbringing, while the other handles medical and health-related decisions.

If the court does not believe that you and your ex-spouse can effectively work together and put aside your differences to make important decisions about your child’s well-being, the court may choose to grant sole decision-making responsibility to one parent. If this happens, the other parent must still be notified of the decisions and may express opinions, but one parent will have the final say.

You can set up your parenting agreement to be as specific or open as you wish on each parent’s decision-making responsibility. If it is left up to the court, a judge may delegate different duties to each parent based on what they believe is in the child’s best interests. The child’s needs are always paramount in court proceedings and should be given the utmost consideration in any negotiated agreement.

A carefully crafted parenting agreement ensures that the court and everyone involved understands the nature of your co-parenting system. An experienced Ontario custody lawyer can help you create the necessary documents to record these arrangements and make sure all potential areas of disagreement have been resolved.

How Does Your Parenting Agreement Impact Your Child Support?

The court generally follows the child support guidelines set out under Ontario and Federal law. While decision-making responsibilities do not necessarily have an impact on child support orders, your parenting time arrangement will. In particular, the law makes provisions for parents who engage in split parenting time with multiple children or shared parenting time where each parent has a child for at least 40% of the time.

If you are concerned with how your parenting agreement may affect your child support, a knowledgeable Toronto child support lawyer can explain the implications and options during the negotiation process or court proceedings so that you can make informed choices for your family.

How Can a Well-Versed Family Law Lawyer Assist You?

Even if you and your ex-spouse are on good terms, it can be challenging to smoothly negotiate a parenting agreement. If there are disagreements, emotions can run high, and talks may be derailed, leaving these vital decisions up to the court. The court is bound by law to act in the best interests of the child involved, and thus may give little consideration to each parent’s preferences, potentially leaving you with an awkward agreement that you would not have chosen for your family.

Family law lawyers are skilled in negotiating parenting agreements and working through the difficulties involved to create a unique plan that meets the needs of your child. We can help you develop novel solutions for parenting time and decision-making arrangements that fit your family. Contact our law firm today for all your parenting agreement needs.

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 a 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 Marital 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 a 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 family 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.

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 a 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.

How Do I File For Divorce in Ontario: Understanding the Legal Requirements

There are specific legal requirements that you must meet to file for divorce in Ontario. The most common ground for divorce is ‘one year separation’, which is a requirement under federal law, specifically the Divorce Act.

Not all divorces require spouses to live in separate houses; separation can occur while living in the same house, depending on the circumstances. The specific circumstances of your case may affect the process and eligibility. The legal framework for divorce in Ontario also includes the Civil Marriage Act and the Justice Act.

To start the legal process, you will need to complete specific forms and submit the following documents, including your original marriage certificate or marriage certificate, to the court clerk. The court clerk will handle your documents and maintain a continuing record of your case.

A lawyer or family lawyers can help you navigate the legal process, especially if there are property claims, spousal support orders, or all the issues to resolve. If both parties agree, you may file a joint application for a joint divorce, which can result in a simple divorce or uncontested divorce. If there are issues raised, such as claims about child custody, support, or property division, a contested divorce may occur.

A separation agreement can help resolve key issues and may be filed with your application. When filing, you will need to pay a court fee, and the court clerk can provide information about the fee and any options for a fee waiver. The attorney general provides information about divorce requirements and procedures.

The legal process may involve a case conference, court appearance, and the issuance of a court order depending on the issues raised and the circumstances of your case. You may need to submit other documents depending on your situation, and the other party (your spouse) must be properly served. The court will consider the best interests of any children involved when making decisions about custody and support. Divorce cases can vary widely, and family lawyers have experience handling a range of divorce cases.

Serving the Divorce Papers

When you’re going through a divorce in Ontario, serving the divorce papers is one of the most critical steps you’ll face, and you need to make sure you follow the rules laid out by the Divorce Act and family law procedures.

Once you’ve filed your divorce application with the Superior Court of Justice, your next move is ensuring that your spouse (the respondent) gets all the necessary court documents. This process is called “service,” and it’s a formal requirement that makes sure both you and your spouse are aware of the case and have a fair chance to respond.

Here’s what you need to know: the court requires that someone who’s at least 18 years old and isn’t involved in your divorce—often a professional process server—personally delivers your divorce application and all related documents to your spouse. This keeps the process fair and transparent for everyone involved.

After your documents have been served, the person who completed the service needs to fill out an Affidavit of Service (Form 6B), which then gets filed with the court to confirm that your spouse has officially received all your documents.

Getting proper service of your court documents is essential if you want your divorce case to move forward in the Superior Court of Justice or the Ontario Court of Justice. If you don’t serve the documents correctly, you’ll face delays in your divorce proceedings and may have to repeat steps in the court procedure.

By following these requirements, you help ensure that your divorce application gets processed efficiently and stays in line with Ontario family law.

How Long Does the Divorce Process Take?

How long the divorce process takes depends on whether you are filing for an uncontested divorce, contested divorce, or simple divorce. Not all divorces follow the same timeline, as different circumstances and the nature of the issues raised—such as property division or child custody—can affect the process.

In general, it can take anywhere from four to six months to get through the divorce process. However, if there are unresolved issues, a case conference or court appearance may be required, which can significantly extend the timeline—even stretching into years—especially in contested divorce cases that must be handled through a trial in the family courts.

When is a Divorce Order Considered Final?

Many people celebrate when the judge hands down the divorce decree, but this isn’t when the divorce is actually considered final. In Ontario, a divorce is considered final when the divorce order is issued by the court and 31 days have passed since the order was filed.

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. You will also need to obtain a divorce certificate from the court as official proof that your divorce is finalized, and you may need your marriage certificate as well. Both documents can be requested from the court after the divorce order becomes final, and are required for remarriage and other administrative purposes.

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 divorce lawyers to get more information about how divorce works in Ontario and what your next steps should be.

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 a lawyer Help Me With a Child Support Order?

While child support modifications are usually straightforward, a 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, a family 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.

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 a 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.

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 a 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.