Separation & Divorce Lawyer in Toronto

Are you looking for a divorce lawyer in Ontario? ClearWay Law is available to help. Our team of lawyers have experience in all matters of family law, including: contested divorces, uncontested divorces, child custody and separation agreements.

If you are looking to get a divorce in Ontario, our services are affordable and fully transparent. You should not have to pay exorbitant legal fees to access justice. That is why ClearWay Law is focused on providing competent legal services and resolving your family law matter efficiently.

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Uncontested Divorce

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.

Contested Divorce

If you are 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.

Separation

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.

Frequently asked Questions

What is your family and divorce lawyer fee structure?

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What are the divorce procedures in my province?

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Can we flat fee each part of the divorce process?

It may be possible to flat fee each event that happens in the divorce process.

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Our family law firm often gets asked if it is required to have a lawyer for the divorce. We always suggest at minimum booking a consultation with a family lawyer before signing divorce papers.

Even though it is possible to sign divorce papers without a lawyer, it is important that both parties understand their rights and obligations. Also sometimes if a party didn’t get legal advice before signing, they can later challenge the validly of the divorce agreement.

There are three different ways to book a consultation with our Toronto family lawyers:

  1. Use our 24/7 booking system (easy to use)
  2. Text us 24/7 at 778-676-3808
  3. Call us on our toll free number at 844-466-6LAW (529)

Uncontested Divorce Lawyer

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.

Chantalle Sawision, Family Law Lawyer

Ms. Sawision practices in the area of Family Law, specifically dealing with child custody and access issues, child and spousal support issues and the negotiation and litigation of financial issues. A skilled negotiator and advocate, Ms. Sawision has helped numerous clients reach satisfying settlements and successfully argued on behalf of her clients on a variety of family law issues.

In addition to her role as an advocate, Ms. Sawision is also experienced in Alternative Dispute Resolution and has assisted parties in reaching fair and reasonable settlements in an amicable and cost-effective manner.

Ms. Sawision graduated from Bond University with a Juris Doctor (J.D.), Law and will work day and night to surpass your expectations and provide an experience that is not merely transactional, but transformational. Her main priority is to be your partner through legal disputes, not just your legal counsel. She will work with you to create a strategic, results-focused path to help achieve the best outcome.

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Contested Divorce Lawyer

If you are 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:

  1. Make a list of your assets and its value as of the separation date
  2. Subtract your total debt as of the separation date
  3. Calculate the value of your assets less debts as of the date married
  4. Subtract the value of pre-marital assets
  5. Subtract compensation for inheritances, and proceeds of life insurance, etc…
  6. Deduct the lower “net family property” from the higher, and divide the two

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.

You may also wish to do the research yourself, but have our family lawyer represent you in court.

Let me know what you prefer and we can put together a plan for you. We are a very flexible and open law firm. We sincerely want to help you with your legal issues as cost effectively and as fast as possible.