Family Law

What To Expect at A Family Court Conference

Divorce lawyers have stepped into the hallowed halls of a Courthouse so many times that it is second nature to us. We are in our element in a place that can be alien, and very daunting, to others. So, each time we enter a Courthouse with our client, we need to remind ourselves that this is, almost certainly, a first for them. Our clients are generally highly stressed and uncertain as to the process. They are nervous as to what will be asked and expected of them. I’ve had clients report that they have experienced sleeplessness, weight loss, lack of productivity in their work and home lives and other physical and emotional challenges due to the stress of an upcoming Court attendance. It shouldn’t have to be this way.

Why Family Court is Likely Your Very Worst Option

Over the course of decades of practice, I have had many clients step into my office who are ripe and ready for a battle. They have been secretly recording their spouse’s actions and conversations. They have gained access to their spouse’s computer files and accessed private information. They have coached the children to report that they wish to reside with them. They have disclosed to the children the wrongdoings of the other spouse. They have made a journal of all of their spouse’s misdeeds, for weeks or months. They have come to the table with bared fangs. With every one of these interactions, my spirit wilts, for this is the most tortured and unproductive way to approach the end of a relationship; the reorganization of a family or couple’s life and the creation of a healthy future.

Child Custody & Access

Child Custody & Access, Children

As you contemplate a separation or divorce, the well-being of your children is first and foremost in your mind.

You may know of children who have experienced emotional harm as a result of the breakdown of their parents’ relationship. Your children do not have to live this experience.

Child Support

Child Custody & Access, Children, Finances

Every parent has an obligation to provide child support for his/her children.

The amount of child support is determined by the Child Support Guidelines. The Child Support Guidelines provide a relatively straightforward and predictable tool for support determination. They utilize the income of the child support pay or and the number of children, among other variables, to identify the child support amount.

Spousal Support

Finances, Spouse

In some circumstances, one spouse will have to provide ongoing financial support to the other.

This payment is called “spousal support”. In some jurisdictions, but not in Ontario, this payment is also called alimony. Married spouses and “common-law” spouses, whether they are same sex or opposite sex spouses, can be called upon to pay spousal support.

Property Division

Finances, Property Division - General

Where Will You Land?

Where will you live once your separation is complete? Will you have to sell the family home? Can you afford to maintain the family home? How will the value of large assets, like a pension, a business or real estate, be shared when a relationship ends? Must you share your inheritance with your spouse? Must you share gifts received by you with your spouse? Uncertainty about these types of questions can lead to worry.

Married Spouses & Property

Finances, Property Division - General

In Ontario, married spouses are expected to equalize the value of all of the property that they acquired during their marriage, with certain specific exceptions, which are discussed below.

Common-Law Spouses & Property

Finances, Property Division - General

Will You Be Entitled to ½?

Many unmarried, cohabiting couples assume that, if they separate, each of them will share one-half of all of the assets, or wealth, that they accumulated as a couple. This is an inaccurate, though widely held, belief. An unmarried, cohabiting spouse does not have any automatic right to share in the property of his or her partner, in the event that they separate.

Financial Concerns

Finances

Achieving financial wellbeing, present and future, is one of the most important goals for separating spouses.

Uncertainty and fear about the financial future can fuel needless family law battles, even though the cost of such battles does not advance the goal of financial wellbeing.

Direct Negotiations

Divorce Options, Negotiation

How Does it Work?

In the very best case scenario, you and your spouse will be able to communicate directly to negotiate a Family Law result that is best suited for you. Most people would be reluctant to participate in this type of negotiation without receiving advice from a family lawyer about possible outcomes. It is essential that you obtain sound information and advice from a family lawyer.

What To Expect at A Family Court Conference

The View from A Senior Family Law Lawyer

Why Family Court is Likely Your Very Worst Option

Child Custody & Access

As you contemplate a separation or divorce, the well-being of your children is first and foremost in your mind.

Child Support

Every parent has an obligation to provide child support for his/her children.

Spousal Support

In some circumstances, one spouse will have to provide ongoing financial support to the other.

Property Division

Where Will You Land?

Married Spouses & Property

Common-Law Spouses & Property

Will You Be Entitled to ½?

Financial Concerns

Direct Negotiations

How Does it Work?

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Family Law

Why Family Court is Likely Your Very Worst Option

As you contemplate a separation or divorce, the well-being of your children is first and foremost in your mind.

Every parent has an obligation to provide child support for his/her children.

In some circumstances, one spouse will have to provide ongoing financial support to the other.

Where Will You Land?

Will You Be Entitled to ½?

How Does it Work?

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