Are you looking for a divorce lawyer in Toronto? We can connect you with a team of lawyers. They have experience in all matters of family law, including contested divorces, uncontested divorces, child custody, and separation agreements.

A separation agreement is a legally binding contract created between two spouses, at the time of their separation. This contract sets out each party’s rights on issues such as child custody/access, property, debts, and child/spousal support.

The law leaves the decision about having a written separation agreement up to each individual couple. However, it is always strongly recommended as it can be very hard to prove any verbal agreements made by a couple, in a court of law.

Uncontested Divorce Lawyer Toronto

An uncontested divorce is when you and your ex-spouse both want a divorce. Both parties agree on property division, custody of the children, child support payments, and spousal support payments. Most of the time going to court won’t be required.

Sometimes a family law judge will still schedule a court date to ask questions. This most often happens around issues relating to the child. The family law courts take a special interest in protecting children.

Assuming the family law judge doesn’t have any issues with the separation agreement, you will have to wait to receive your divorce papers signed by the family law judge.

Contested Divorce Lawyer Toronto

If you or your ex-spouse cannot agree on some or all the terms, the matter becomes a contested divorce. This is often more expensive than an uncontested divorce as the matter is likely to go to court.

If the matter is serious, you may be able to get a motion, which is a temporary court order to settle an issue, normally involving children.

Based on our family lawyers’ experience, the average contested divorce takes around a year to settle.

Most people think a family law judge will simply divide assets in half and award spousal support payments to the wife. This is simply not true.

If you and your ex-spouse did not sign a marriage agreement (prenup) before getting married, the family law judge will make a decision based on many different factors.

This is why we always recommend marriage agreements. Even if the only thing in the agreement is that the matter will go to mediation and arbitration in case of divorce. It will likely save you a lot of money.

Your assets will be handled according to the rules of your province. There are both provincial family and marital property legislations you need to be aware of. Many lawyers use software called Divorcemate, which will help you calculate how much spousal support and child support you should either pay or be entitled to.

Obtaining A Divorce

There are a number of steps that will be followed to calculate the value of a family property and equalization payments:

Make a list of your assets and their value as of the separation date
Subtract your total debt as of the separation date
Calculate the value of your assets fewer debts as of the date married
Subtract the value of pre-marital assets
Subtract compensation for inheritances, proceeds of life insurance, etc…
Deduct the lower “net family property” from the higher, and divide the two

Obtaining a divorce is often far more complicated than people think. Also, people often think divorce and separation are the same things. Separation is when you are not married. Or, separation can be when you live apart from your spouse for a year. A divorce ends a marriage.

The most common thing that the lawyers create is a separation agreement. However, the lawyers are fully operational. They can help you in various areas of family law. For example, they can provide the legal services listed below.

Division of property
Separation agreement
Divorce in Ontario
Division of property
Child support
Spousal support
Simple divorce

Divorce & Separation Lawyer Toronto

We recognize that family law is very confusing and that some people will still decide to self-represent. That is why the lawyers offer to coach the self-represented individuals. You can use our family lawyers for advice before you represent yourself in court.

You may also wish to do the research yourself, but have our family lawyer represent you in court. There are many different ways to handle the legal process.

Let us know what you prefer and we can put together a plan for you. We are very flexible and our top lawyers can help you with your legal issues. We sincerely want to help you with your legal issues as cost-effectively and as fast as possible.

Find out how getting a divorce works in Ontario. The ups and downs of married life can put a strain on a relationship. Couples needing time away from each other to work out their differences might decide to live separately and apart. There are few legal formalities to a separation other than the agreement of the parties do not live together.

Separation is not the answer for everyone. In fact, 40 percent of Canadian couples in long-term marriages choose to end them through a divorce. Ending a marriage through the divorce process requires court approval, so it helps to have some knowledge of the process before you begin.

Ending The Marriage

Either or both parties to a marriage may file for divorce to end it. Courts may only grant a divorce when the application proves there has been a breakdown of the marriage. A breakdown of the marriage occurs when you can prove one or more of the following:

Your spouse committed adultery. Forgiving your spouse by continuing to reside together as a married couple after you learn of the adultery removes it as proof of the breakdown of the marriage.
You and your spouse have separated and lived apart for at least one year. It does not matter whether you or your spouse made the decision to move out.
You have been the victim of physical violence, mental anguish or other acts of cruelty making it unsafe or unbearable to continue residing together.

It might seem obvious, but you must be legally married in order to file for a divorce. Common-law relationships in Ontario do not have the same legal status as marriages when it comes to a divorce.

Filing an Application for Divorce

There are two forms of application for a divorce in Ontario. The general application is used when you and your spouse are unable to come to an agreement on one or more of the following matters related to your family:

Property division
Child custody and access
Child support
Spousal support
Disposition of the matrimonial home

If you cannot agree on a resolution of these or other family issues, the general application requests the assistance of the court in resolving them.

Read more: Understanding The Legal Process When Couples Split Up

Form 8A is an application for a divorce and is used when the parties have settled all of the family issues through a written agreement before filing with the court for a divorce. You may file the form on your own, or you may file it jointly with your spouse.

Joint applications for divorce indicate that both parties agree to the termination of the marriage, so it might move more quickly through the court.

Unless you file a joint application, your spouse has 30 days to file an answer responding to the contents of the application. Both parties must complete and file financial disclosure statements with the court.

How Divorce Cases Move Through the Court

After your divorce application has been filed and an answer submitted by your spouse, a case conference is scheduled. The purpose of the conference is to meet with a judge to discuss the settlement of unresolved issues with additional conferences scheduled as needed.

If settlement conferences do not result in the resolution of all issues, the case will be scheduled for a trial. You and your spouse have the opportunity at the trial to present evidence in support of your respective positions regarding the divorce and other unresolved issues.

Once all evidence has been offered, the judge presiding over the case renders a decision on your application for a divorce.

The Importance of Having Legal Representation

The termination of a marriage and related family law issues, such as child custody, support and property division, are important matters that you should not attempt to resolve without the assistance of a lawyer experienced in handling family law matters.

A lawyer can expedite the divorce process by negotiating with the lawyer representing your spouse to resolve family issues through agreement instead of through lengthy court proceedings.

Are you looking for an affordable divorce lawyer in Toronto? We have put together a list of frequently asked questions about an Ontario divorce.

According to statistics compiled by the federal government, more than 14 million Canadians are married and living with their spouses, but almost 3 million people are either separated from their spouses or already divorced.

Divorce is the process of terminating the marital relationship, but there are other issues, including child support and custody, parenting time, property division, and spousal support, that complicate it and raise questions in the minds of people contemplating ending their relationship and seeking a divorce.

The following are some answers to the most frequently asked questions about divorce.

Top Divorce Lawyers In Toronto

Marriage grants each of the parties certain legally enforceable rights and obligations. For instance, it is an equal partnership as most property the parties acquire during the marriage also grants each party equal right to live in the marital home.

If their relationship deteriorates, the parties to a marriage may agree to live separately and apart without any formalities. Even though they no longer live together, the parties to marriage continue to maintain their legal status as being married.

A divorce is a legal process of ending a marriage, which can only be accomplished with a court order.

Toronto Divorce Law Firms

You must have grounds for a divorce. The Divorce Act authorizes a court to grant a divorce to either or both spouses when there is proof of the breakdown of the marriage. The following are the three circumstances under which you could have grounds for divorce:

You and your spouse have lived apart for at least one year prior to the filing of an application for a divorce.
Your spouse committed adultery while married to you.
You have been the victim of physical or mental cruelty at the hands of your spouse making it intolerable for you to continue living together as a married couple.

If you and your spouse have lived separately and apart for at least one year and have resolved the financial, child custody and support issues to your mutual satisfaction, you can file a joint application for a divorce in Ontario.

Common-Law Divorce Lawyer Toronto

If you have grounds for divorce and have reached a negotiated agreement with your spouse about child custody and the financial issues related to the marriage, a divorce could be completed within a few months.

However, it can take much longer if you leave those issues to the court to resolve. You cannot be granted a divorce without the other issues being resolved first.

An affordable divorce lawyer in Toronto can help you with common law separation.

Divorce Toronto

Only married couples must file an application for a divorce to legally end their relationship. Couples living in a common-law relationship need not go through the divorce process. However, couples with children, regardless of their marital status, must resolve child support.

They should also receive child custody, parenting time, and other issues related to their children when they break up.

Divorce Lawyer In Toronto Canada

If you living in Ontario, you can file an application for divorce. It can be done in the Ontario Court of Justice or in the Superior Court of Justice. This depends upon the issues you are asking the court to decide.

Cases in which all financial and child custody issues have been resolved by agreement can be filed in the Ontario Court of Justice. However, if you have not reached an agreement with your spouse and need the court to resolve the remaining issues, your application goes to the Superior Court of Justice.

Divorce Papers Toronto

You need a lawyer with experience handling family law matters, including divorce. A good lawyer provides the legal advice and guidance you need to ensure your rights are protected.

Your lawyer’s assistance in negotiating a settlement of custody and financial issues saves you time. Having a lawyer also helps avoid delaying the divorce process.

Are you looking for an affordable divorce lawyer in Toronto? We have put together a list of frequently asked questions about an Ontario divorce.

According to statistics compiled by the federal government, more than 14 million Canadians are married and living with their spouses, but almost 3 million people are either separated from their spouses or already divorced.

Divorce is the process of terminating the marital relationship, but there are other issues.

This includes support and custody, parenting time, property division, and spousal support.

These things complicate it and raise questions in the minds of people contemplating ending their relationship and seeking a divorce. The following are some answers to the most frequently asked questions about divorce.

Top Divorce Lawyers In Toronto

Marriage grants each of the parties certain legally enforceable rights and obligations.

For instance, it is an equal partnership as most property the parties acquire during the marriage also grants each party equal right to live in the marital home.

If their relationship deteriorates, the parties to a marriage may agree to live separately and apart without any formalities.

Even though they no longer live together, the parties to marriage continue to maintain their legal status as being married. A divorce is a legal process of ending a marriage, which can only be accomplished with a court order.

Toronto Divorce Law Firms

You must have grounds for a divorce. The Divorce Act authorizes a court to grant a divorce to either or both spouses when there is proof of the breakdown of the marriage.

The following are the three circumstances under which you could have grounds for divorce:

You and your spouse have lived apart for at least one year prior to the filing of an application for a divorce.
Your spouse committed adultery while married to you.
You have been the victim of physical or mental cruelty at the hands of your spouse making it intolerable for you to continue living together as a married couple.

If you and your spouse have lived separately and apart for at least one year and have resolved the financial, child custody and support issues to your mutual satisfaction, you can file a joint application for a divorce in Ontario.

Common-Law Divorce Lawyer Toronto

If you have grounds for divorce and have reached a negotiated agreement with your spouse about child custody and the financial issues related to the marriage, a divorce could be completed within a few months.

However, it can take much longer if you leave those issues to the court to resolve. You cannot be granted a divorce without the other issues being resolved first.

An affordable divorce lawyer in Toronto can help you with common law separation.

Only married couples must file an application for a divorce to legally end their relationship. Couples living in a common-law relationship need not go through the divorce process.

However, couples with children, regardless of their marital status, must resolve child support. They should also receive child custody, parenting time, and other issues related to their children when they break up.

Divorce Lawyer In Toronto Canada

If you living in Ontario, you can file an application for divorce. It can be done in the Ontario Court of Justice or in the Superior Court of Justice. This depends upon the issues you are asking the court to decide.

Cases in which all financial and child custody issues have been resolved by agreement can be filed in the Ontario Court of Justice.

However, if you have not reached an agreement with your spouse and need the court to resolve the remaining issues, your application goes to the Superior Court of Justice.

Divorce Papers Toronto

You need a lawyer with experience handling family law matters, including divorce. A good lawyer provides the legal advice and guidance you need to ensure your rights are protected.

Your lawyer’s assistance in negotiating a settlement of custody and financial issues saves you time. Having a lawyer also helps avoid delaying the divorce process.

Author: Alistair Vigier is the CEO of ClearWay Law

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Divorce Lawyer Toronto