Family Law

There are a few routes to take when it comes to filing for divorce. Of course, a lawyer is not required, but it is highly advisable that you speak to an attorney. The legal process for divorce is very complex, and if your ex-partner is represented and you are unrepresented, it is not that lawyer’s job to explain the process to you; they will likely operate as if you have a full understanding of the legal process.

If you are choosing to retain counsel, you will first need to meet with them for a consultation. Be sure to have a copy of your original marriage certificate with you. If you do not have one, you can order one online at http://orgforms.gov.on.ca

Once you and your lawyer determine your specific needs, the appropriate paperwork will be filled out and served upon your ex-partner, and this will initiate the court process.

Unfortunately, the legal process is largely unpleasant, strenuous, and time-consuming. Basically, it’s a lot of “hurry up and wait”. This means that there will be a large amount of paperwork to be promptly filled out and filed with the court, and then waiting for those documents to be accepted by the court and a court date to be assigned, which will likely be months away.

You can expect to disclose your financial situation. This will mean filling out a lengthy form outlining your income and expenses and noting any high-value items you may own. You will need to list bank accounts, debts, investments, etc. You will also need to provide pay stubs and Notices of Assessment from the CRA. It’s important that your financial disclosure accurately reflects your situation, no matter how much or how little you make. Full transparency and honesty is always the best way forward.

You will also need to provide the full history of your relationship with your ex-partner. This means disclosing any instances of abuse, violence, substance abuse issues, etc with your lawyer. They will also need to know your ex-partner’s patterns of behaviour, the dates you met/moved in together/married, etc. This can be an unpleasant process, but it’s crucial that your lawyer has the full story.

If you and your ex-partner are not amicable or civil, this entire process will be much longer and more difficult. It’s not uncommon for a person on the other side of a Family Law matter to put up roadblocks where ever they can. This is usually due to feelings of anger and resentment, and is quite common.

The family law process (as well as all court processes, be it civil, criminal, etc), tends to take a long time. If you are looking for an immediate resolution to your legal issues, using the court system may not be the way to go. The courts have thousands of cases on the go at any given time, and it can take months to schedule a court date – and throughout the process, you may have many court dates, which means there could be months between them.

The backlog in the court system is only one of the ways your case can be delayed. Ensuring all of your paperwork is filled out correctly and filed promptly is the best way to get the ball rolling faster. It also helps when the person on the other side of your matter is being cooperative, but this is not always the case. Oftentimes, the person on the other side of a Family Law matter is not yet represented, difficult to contact, or are dealing with feelings of anger and resentment and are not looking to make this a smooth process.

Even in the most simple and straightforward cases, you can be looking at a process spanning from months to even years. Add in any complications, and the process is guaranteed to take longer. However, finding a good family law lawyer is the first step at uncomplicating the entire process!

There are a number of alternate methods to resolving your family law issues that do not involve the court process.

One of these options is Family Law Mediation. This is where you and your partner meet with a family law mediator, who is a neutral third party. This person will listen to all points from both sides, and will recommend further steps that do not involve the court system or a Judge. They will likely create a draft separation agreement, which is a list of stipulations both sides are agreeable to. This document is then taken to a lawyer for review and finalization. The types of issues that are typically addressed through this process can include child custody, child/spousal support, and division of property.

A mediator is not able to give legal advice, nor are they empowered to make legally binding decisions. This is simply a more informal, less expensive, and timely way to resolve family law issues. However, both parties are required to consent to mediation and must agree on the mediator chosen. It is still recommended that lawyers are acquired by both parties in order to make everything legally binding.

Another option available is something called Collaborative Family Law. This is when both parties are civil, amicable, and both consenting to a smooth and easy process. Multiple meetings between the parties, as well as their counsel, will meet with one another, as well as various experts and specialists (financial experts, social workers, etc), to settle issues including child support, custody, access, division of property, etc.

The major difference between collaborative family law and using the court system is that the parties are able to take control and direct the meetings, rather than speaking through their lawyers in front of a Judge. It is cost-effective and typically wraps up in a more timely manner.

The final alternate option to the court system is something called Arbitration. This is the closest to the court system among the alternate options. The parties will waive their right to going to court, and an arbitrator who is empowered to make legally binding decisions will hear submissions on behalf of both sides. This is typically a quicker process than going to court.

Whether your lawyer is at Morgan Payne Law, or any other law firm, your case is important to your attorney. However, it is very important to remember that your lawyer can have upwards of 50 to 100 clients with cases very similar to yours, and each client is vying for the lawyer’s attention. No matter how important your case is, there are only so many hours in the day. Not to mention, your lawyer is human, too! They require downtime and time with their family. Of course, from time to time someone’s email or phone message may slip through the cracks. It never hurts to follow up with your lawyer – in fact, it’s encouraged! However, it’s important to remember that this process is long and complicated, and your lawyer is working basically around the clock to attend to many different issues that pop up day-to-day. Patience is definitely required.

Although if you are truly feeling neglected by your lawyer, and can’t contact them or their assistant for weeks or months at a time, finding new legal representation is fully within your rights.

Whether you are the primary caregiver for your children or not, you have the right to see your child and participate in their life. The court system highly encourages a relationship between both parents, and even has rules in place preventing one parent from speaking negatively about the other, and also preventing one parent from standing in the way of a full relationship with the other parent. Obviously, safety issues are taken very seriously, so a parent’s contact with their children may be affected if there is a legitimate safety concern. This can be in the form of supervised visits or a graduated parenting plan with multiple steps and criteria the parent has to meet before moving on to a different and more involved level of contact.

It is also your responsibility as a parent – and a right for the other parent – to have costs split evenly between both sides. This means child support will be calculated based on both parent’s income, and a reasonable amount will be decided upon. Other expenses need to be shared as well. These are called “Section 7 Expenses”, and they include medical costs like eye care, dental, and mental health; extra-carricular activities like sports teams or music lessons – along with all the equipment they require; school supplies, including clothes; post-secondary school costs; and any and all other costs that may arise during the care of a child.

This can vary from situation to situation. If you are both earning a similar income, and have the similar ability to earn an income, spousal support may be dispensed with. It can also be agreed between both parties mutually to not pay spousal support.

Instances, where spousal support is likely guaranteed, include situations where one partner always worked outside the home. For example, if Partner A and Partner B have been married for 25 years, and Partner A always stayed home to care for the children, and Partner B always worked outside the home, Partner A will be entitled to support.

If Partner C developed a condition that prevented them from working during their relationship with Partner D, Partner C will be entitled to support.

Remember, there are a number of factors taken into consideration when determining what each partner is entitled to, and it’s not as simple as owing X amount of dollars to a former partner.

This is, unfortunately, a very common occurance, and is one that can make the process take longer than it needs to. You and your former partner have the right to dispute any claim the other is making, and if the dispute is legitimate this is an important part of the process. However, it is not uncommon for a party who is not acting under the advice of a lawyer, to purposefully put up roadblocks at every opportunity (i.e: not agreeing to settlement proposals, not responding to paperwork, not providing updated contact information, etc).

Of course, there are mechanisms in place to help curb this occurance. Motions can be filed to proceed through the process without the other party’s agreement if they are acting unreasonably. This is not to say that if your personal feelings have determined they are acting unreasonably, but rather if the court agrees the party is not cooperating.

The short answer to this question is “no”. The two legal parents of a child, whether they are biological, adoptive, or otherwise, both have rights to see their child and participate fully in their lives. The separation process is often full of anger and negative feelings between partners, and this often leads to the desire to keep them from seeing their children. However, unless it has been determined by the Children’s Aid Society, or another institution with jurisdiction in the case, that there is a legitimate safety risk to the children, one partner cannot exclude the other from the child’s life.

That said, there are certainly instances where it is not in the best interest of the child to have both parents split custody equally. While the default is typically for both parents to have equal decision making responsibility for the children, this is changed if an assessment from the Children’s Aid Society, or another institution or party with jurisdiction suggests different.

In short, no they cannot. The court does not typically consider the child’s wishes in terms of who they would like to live with, but rather the court determines what is in the child’s best interest. Various assessments can be done to make this determination, and a number of institutions can be used in this assessment, including the Children’s Aid Society, and the Office of the Children’s Lawyer.

It’s also worth noting that the older a child gets, the more weight their opinion carries in the eyes of the court. For instance, once a child reaches the age of 12 and can accurately articulate their wishes, the court is more likely to take them into consideration, versus the account of a much younger child.

There is really no way to determine how much someone will spend until the entire process is over. 

Lawyers charge an hourly rate, which varies depending on the type of work they’re doing. They also typically ask for a retainer up front, out of which your fees are paid. You will receive invoices indicating how much your lawyer is charging you, for exactly what work they are charging you, and the rate at which they are charging you. Keep in mind that your lawyer is consistently doing work on your case, whether or not you are aware of it, but your lawyer will try their best to include you every step of the way. You are also entitled to, and will receive, an itemized account of the work being done.

There is no way to determine how much you will need to pay overall, but it can cost thousands or more.

Of course. While all documents involved in your case will list your contact information, the information listed can be in care of your counsel; therefore, your lawyer’s office will be listed, as opposed to your own address. Your safety is everyone’s top priority.