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 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.