Toronto Divorce Advice, Tips & Resources

How long must I be separated before I can divorce in Ontario?

Generally, in Ontario, for a divorce to be completed, the spouses must have been separated for at least a year. The divorce process can start before the year is up, but in most cases, the process is not completed until a year has passed. There are exceptions, however. In cases involving adultery or domestic abuse, the divorce may be granted by the court at any point, but this expedited process typically requires help from a lawyer. The court may consider proof of adultery or abuse,…

Is family law mediation right for your divorce?

If you’re going through divorce in Ontario, then you have a variety of choices to make, not the least of which is the process by which you end the marriage. Many spouses go to court to litigate, and this process may be the only truly effective way to resolve your disputes and protect your rights and interests, including your interest in the matrimonial home. However, if you and your spouse are on equal footing — meaning that both of you have comparable incomes and equal…

Property division concerns for Ontario common-law spouses

In Ontario, the Family Law Act provides rules for how property will be divided between legally married spouses who are going through divorce. However, the Family Law Act does not apply if you and the party from whom you’re splitting were in a common-law relationship. There is also no absolute test for proving that an individual is a common-law spouse, but there are situations in which a common-law spouse may be entitled to a share of the other party’s property. If you have property division…

The matrimonial home and child support: Who will stay and receive?

Establishing an appropriate child support plan can be a complicated process. Parents can come to an agreement outside of court, or they can ask a judge to make a child support order based on the formulas provided in the Child Support Guidelines. In any case, to ensure that a child support agreement is enforceable, it is important to put it in writing. The amount of child support to be paid is determined by calculating the income of both parents. Because the children usually remain in the…

Are spousal support guidelines used in spousal support reviews?

In 2008, Ontario’s Spousal Support Advisory Guidelines were issued in their final form. The guidelines are used by judges and lawyers to establish spousal support agreements. As we discussed in a previous post, a number of factors, including child support, can affect how much spousal support a person receives. Use of the spousal support guidelines is not mandatory, though they are used in many cases. Since the guidelines came out, there has been debate about whether they should be used in spousal support reviews to…

Can common law spouses in Ontario receive spousal support?

In Ontario, married and common law couples who are splitting up can create and sign separation agreements. These agreements can address a wide variety of issues. Today let’s discuss spousal support. When deciding whether or not spousal support should be paid, it is important that each spouse or common law partner has a lawyer. The Spousal Support Advisory Guidelines that are used in Ontario are complicated, and a divorce and property division lawyer with experience in using the guidelines can help ensure that the separation…

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