Divorce Lawyer

A divorce (that is changing the status of the parties from being married to being divorced) is a relatively straightforward process that requires a separated couple to submit specific documents to their local court. For a divorce order to be granted, the court must be satisfied that reasonable arrangements are in place for the children of the marriage.

Further, practically speaking, the underlying issues relating to the dissolution of the relationship also need to be resolved as the divorce can otherwise be held up until they are unless both parties consent to dealing with the divorce prior to resolving the other issues. The court also needs to know that the parties to the divorce have been living separately and apart for at least one year unless a fault-based ground for divorce is being sought which is increasingly rare in Ontario.

Please note that “separate and apart” does not necessarily mean in separate houses – it simply describes the fact that the marriage is over with no reasonable probability of the parties reconciling and can include the parties living separate and apart in the same residence.

Practically, spouses must agree on issues related to their children, property division, and spousal support before a divorce can be finalized. If they don’t, the divorce will mostly likely be contested by the other spouse.

An uncontested divorce is a simplified divorce procedure that avoids costly court appearances because the parties have already agreed on a resolution of the issues arising out of their separation, including child support, spousal support, division of property, and child custody and access and in such circumstances, it is expected the responding spouse will not contest the request for a divorce.

Separation can be a difficult process, both emotionally and legally. If you are facing a separation in Ontario, it’s important to seek the guidance of a separation lawyer who is well-versed in the intricacies of separation law. With the right legal representation, you can navigate the separation process with confidence, secure in the knowledge that your interests are being protected every step of the way.

From negotiating property division and spousal support to helping you understand the legal requirements for divorce, a skilled separation lawyer can help you achieve the best possible outcome for your unique situation.

Contact a separation lawyer today to learn more about the Ontario separation law and how it applies to your specific case.

Family law considers spousal relationships to be financial partnerships. When the partnership breaks down, the person with more income (or assets) will often be required to pay support to the other.

Unlike child support, entitlement to spousal support is not automatic. The person seeking the support is required to prove why they are entitled to it. This can be done on a contractual basis (for example, because a marriage contract provides for such support), on a needs-based basis or on a compensatory basis.

The duration and amount of support will differ based on a variety of factors and is determined on a case-by-case, basis but usually the longer the relationship and the greater the income disparity, the greater the quantum and duration of support is likely to be.

Parties to a common-law relationship are also entitled to seek spousal support following separation if the parties cohabitated for at least 3 years or if they were the natural or adopted parents of a child and in a relationship of some permanence.

Dependent children have a legal right to be financially supported by their parents until they are no longer considered a “child of the marriage.” The amount of child support that a parent is required to pay is determined by that parent’s income. If the child that is receiving support is with one parent more than 60% of the time, the other parent is required to pay full table support as established under the Federal Child Support Guidelines.

However, in shared parenting situations where a child lives with each parent more than 40% of the time, the payor with the higher income may only need to pay a set-off amount of support and in which circumstance both parties’ income is relevant to determining this amount.

In addition to child support, parents are required to contribute to a child’s special and extraordinary expenses (also commonly referred to as Section 7 expenses). These differ from family to family and are split between the parents in proportion to their income.

A divorce application can be an overwhelming legal step, and there are many variables that you need to be aware of.

Retaining legal counsel for Family Law matters can help you understand the basics when seeking relief from the Family Courts in Ontario.

Understanding the requirements for getting a divorce, highlighting the forms you need to fill out, how to set up living arrangements for your children, education on child and spousal support and the sharing of property and debt can help you as you move forward.

If you are seeking counsel in the areas of marital and relationship breakdown, Hummingbird Lawyers LLP can help walk you through an overwhelming situation while offering support and legal counsel.

We understand how difficult it can be, and our Family Law team can be there for you.

Custody refers to the power to make a decision with regard to a child. When parties separate, the law prefers parents to share the decision-making power over the major decisions relating to their children.

When this is not possible (because of domestic violence or the party’s inability to communicate), one parent is awarded sole custody.

Access, also referred to as “parenting time”, defines the amount of time the child or children spend with each parent. In most cases, the law tries to give effect to the “maximum contact principle” meaning that the child spends the most time possible with both parents.

The overarching principle in any matter involving a child is to determine what is in the best interests of that specific child. The best interests of the child need to be carefully considered in negotiation or a matter that is in court.

Often referred to as “mobility” cases, one parent’s effort to move a child away from the other parent comprises one of the more hotly contested areas in divorce and family law. Where one parent wants to move with a child far enough away that it will seriously affect the other parent’s parenting time will usually end up in court. The court will consider what is in the best interests of the children in making its ruling.

Under the Ontario Family Law Act, when a couple marries, absent an agreement to the contrary, each becomes automatically entitled to an equal share of the increase in the net worth of the family union. At the end of the union when the parties go their separate ways, they calculate their respective net worth on the day of marriage and date of separation (also called the valuation date) and the person with a greater increase to their net worth makes a payment to the other, to ensure that both parties leave the marriage with an equal share of the family net worth created during the marriage.

The process of equalization can be complex in some matters and requires the exchange of full financial disclosure between the parties. In some cases, an unequal division of net family property is appropriate. It is important to work with a lawyer who is skilled in financial issues to help determine issues relating to equalization or the unequal division of family wealth. Common-law spouses are not entitled to equalize net family property but may have claims to share the wealth accumulated during the relationship based on a variety of other legal theories.

Estate planning can be challenging when it involves complex family situations including multiple marriages and children from those marriages including siblings, step-siblings and their spouses, as well as any estranged family members. Trusts, Pensions, Taxation and Family Businesses can also be involved and all require careful planning and close attention to detail. At Hummingbird, our estate planning lawyers and family law lawyers work together to ensure that your interests are protected and your wishes upon death are given effect.