Frequently asked Questions on divorce & family law
What is your family and divorce lawyer fee structure?
Our lawyers charge between $250-495 an hour depending on their level of experience. We can sometimes offer flat fees as well. Reach out to discuss.
What are the divorce procedures in my province?
For complicated questions like this, it is best to book a consultation with a lawyer. The procedures will be very different depending on your legal situation.
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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 from the family law judge.
Based on our family lawyers experience, the average uncontested divorce takes around two months to settle.
Contested Divorce Lawyer
If you or your ex spouse cannot agreement on some or all the terms, the matter becomes a contested divorce. This is often more expensive that 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. Our law firm uses software called Divorcemate, which will help you calculate how much spousal support and child support you should either pay, or be entitled to.
There are a number of steps that will be followed to calculate the value of family property and equalization payments:
- Make a list of your assets and its value as of the separation date
- Subtract your total debt as of the separation date
- Calculate the value of your assets less debts as of the date married
- Subtract the value of pre-marital assets
- Subtract compensation for inheritances, and proceeds of life insurance, etc…
- Deduct the lower “net family property” from the higher, and divide the two
Divorce Lawyer Toronto
We recognize that family law is very confusing, and that some people will still decide to self represent. That is why our lawyers offer coaching to self represented individuals. You can use our family lawyers for advice before you represent yourself in court.
Read more: Alternative Billing Is The Future Of Law
You may also wish to do the research yourself, but have our family lawyer represent you in court.
Let us know what you prefer and we can put together a plan for you. We are a very flexible and open divorce & family law firm. We sincerely want to help you with your legal issues as cost-effectively and as fast as possible.
Divorce Lawyer Toronto- Call toll free at 844-466-6529