Professional Corporation
These are all questions that clients have asked me early in the process, even at our first meeting.
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Deciding to end a marriage is one of the most difficult life decisions that a person can make.
Some believe that obtaining a divorce has become too easy, and that the perceived simplicity of the divorce process has encouraged spouses to walk away from marriages that might, otherwise, have survived. The reality is, that most spouses struggle with the decision to divorce for years. And, contrary to popular misconceptions, it can be complex, time consuming, emotionally and financially depleting, and damaging to your children to divorce. The process is, most certainly, far from easy.
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So, my marriage is over and now I have to deal with this complicated and expensive divorce process? It is understandable if you find yourself asking this question. Irrespective of the length or nature of your marriage, separating from your spouse is the probably the most difficult decision you have made in your life, and in most cases this chapter of life does not end with a period, but, rather, with a number of question marks.
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In most circumstances a negotiated settlement is the most cost-effective and time efficient option for resolving a family law dispute, whether the settlement is arrived at via mediation, direct negotiations amongst counsel or other forms of non-Court resolution.
Unfortunately, negotiated settlement is not always possible for every family law file.
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You are contemplating a separation from your spouse, and you are worried about your financial future. Who gets what? Having an answer to this question could influence when, or if, you separate. In any event, it will relieve the considerable anxiety that you may experience from not knowing where you might land once the dust arising from a separation has settled.
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Providing the Best Information and Support
We understand that clients are normally reaching out to a family law lawyer during a challenging time in their lives. There are many emotions our clients may be dealing with, including fear, anger, sadness or grief, resentment toward their partner, and even trauma. If a client is new to the family law process, there can also be a lot of stress and confusion, and if the client has been through the process before, the client may be disenchanted or frustrated.
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Family law lawyers are frequently asked, “At what age can a child decide which parent they would like to live with?” Sometimes, this information is used to press another parent to submit to a change of parenting time or decision-making. Sometimes, it is shared with children, to embolden them to make their own decisions as to their living arrangements. Sometimes, it is a factor that prompts a parent to take Court action, to amend living arrangements.
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It is no secret that the real estate market in Ontario, and the rest of Canada, has changed significantly in the past 5-6 years. Unfortunately, this topsy-turvy market is also placing additional financial pressure on individuals experiencing separation and divorce. “Will I get to keep the jointly owned home?” is a top-of-mind question for many family law clients I speak to.
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When conflict arises in our lives, we turn to the dispute resolution techniques that we know. For legal conflict, our minds turn first to the Courts. In Canada, our Courts operate on an adversarial system. It is a system in which litigants are pitted against each other in battle; there is a judge; there is a winner and there is a loser. Most of us have never turned our minds to whether this system is a productive, kind, dignified or even rational method of resolving conflict.
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I once heard a senior family law judge describe special and extraordinary expenses as a Gordian knot. Like Alexander the Great, who simply cut the impossible knot in half with his sword, the best approach to the seemingly unsolvable extraordinary expenses problem can be a direct and simple approach.
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