Toronto Family Lawyers

It’s difficult to estimate the total cost of a divorce in Ontario. The cost of a divorce can vary significantly on a case-by-case basis, and depends upon the specific circumstances surrounding the divorce and separation. Generally speaking, an uncontested amicable divorce is the most cost-effective option; unfortunately, this isn’t always possible.

Legal fees are often driven by factors such as the level of conflict between the parties and the complexity of the issues. Divorce, which proceeds by way of litigation, is generally more expensive than a divorce which proceeds by way of a negotiated settlement. There are also other private Alternative Dispute Resolution processes, such as Mediation, Arbitration, or a combination of the two, which allow the parties to hire an experienced family law professional to help them along with their lawyers to resolve the issues between them. While this does involve the added expense of hiring a Mediator or Arbitrator, it can still be more cost-effective than litigation as it can allow parties to streamline the process by which they reach a final settlement.

Often, when people think of the cost of a divorce, they think of lawyer’s fees, which are certainly a significant part of the costs. However, they are not the only costs associated with divorce: there are also court filing fees and, in some cases, accounting fees, valuation fees, and other experts’ fees. While it may seem more cost-effective to proceed with a divorce as a self-represented party to avoid paying legal fees, there is a risk associated with doing so. Family law in Ontario can be complicated and difficult to navigate- particularly for someone unfamiliar with its nuances. This can lead to reaching a settlement which does not reflect your true entitlement under the law or making procedural mistakes which will need to be corrected with the help of a family law lawyer later on. Often it is more costly (and time-consuming) to correct errors than it is to seek advice in the first place.

If you are considering divorce, it’s important to seek advice from a qualified family law lawyer in Ontario to ensure that you begin the process properly in order to avoid costly procedural or strategic mistakes which can cause delay and increased legal fees.

The time it takes to finalize a divorce in Ontario varies depending on the specific case. Various factors, such as the complexity of the issues or the level of conflict between the parties, can influence the timeline for obtaining a divorce in Ontario. Litigation is a lengthy process in which parties have little control over the timing, and delays are common. Other forms of dispute resolution, such as mediation or arbitration, allow parties greater control over the timeline because they are private processes that do not depend on the court's availability. It is essential to remember that even if parties choose to opt-out of litigation, one party cannot dictate the timeline without the cooperation of the other. The best way to ensure a speedy divorce in Ontario is to collaborate with the opposing party to reach a negotiated settlement of the substantive issues and then file for an uncontested divorce. However, it is important to note that a divorce will not be granted by the court until all legal requirements are met.

When going through a divorce, it's normal to worry about the cost and who will be responsible for paying it. The financial responsibility for divorce varies depending on the situation. In some cases, both parties may agree to share the cost equally or one person may cover it entirely. However, if the divorce process involves litigation, the court may decide how the costs will be divided between the parties based on the circumstances. In Ontario, if a trial takes place and one party is unsuccessful, they may be required to cover the other party's legal fees, but this risk can be reduced by making an offer to settle. If you're involved in family law litigation, it's important to discuss the potential cost consequences and settlement options with your lawyer. If the divorce is uncontested, the process is generally less costly.

In Ontario, spouses have the right to property division, child support, and spousal support unless there is a domestic contract that limits or alters these obligations under family law. When it comes to equalization of family property, ownership of individual assets is determined by the title holder. However, all assets accumulated during the marriage are shared between spouses, subject to certain deductions or exclusions. To calculate the equalization of net family property, the total value of all assets and liabilities in each spouse's name is added up at the date of marriage and separation. Liabilities are subtracted from assets, and the net total at the date of marriage is subtracted from the net total at the date of separation to determine each spouse's Net Family Property. If there are any excluded property such as gifts and inheritances, those are deducted prior to determining each spouse’s Net Family Property. The difference between the two spouse's net family properties is then calculated by subtracting the lower amount from the higher amount and dividing it by two. The person with the higher net family property pays the person with the lower net family property.

In Canada, getting a divorce can only be done through a court. Although some couples choose not to go through the formal civil divorce process after settling their issues, it's a crucial step to take if you plan on getting remarried in Canada. It is against the law to marry someone who is already married, even if you are no longer together and have a separation agreement. To remarry, you must provide proof of your divorce in the form of a divorce certificate issued by the court.

Either spouse can apply for a divorce in Canada, and there's no way to prevent your spouse from applying for one, even if you don't want the relationship to end. To obtain a divorce, the court needs to confirm that there has been a breakdown of the marriage and that financial support for any children of the marriage has been arranged. It doesn't matter where your marriage took place, and you don't need to be a Canadian citizen to apply for a divorce in Canada.

It's crucial to differentiate between possessing a home and who will ultimately own the asset after the property division is settled. Both parties have equal rights to the matrimonial home's possession, regardless of whose name is on the property. In some cases, when the parties cannot agree on who will stay in the property after separation, one party may file for exclusive possession of the matrimonial home. If granted, the other party will have to vacate the premises, and the successful party will be allowed to stay.

Determining who stays in the home and ultimately owns the property can be a complex issue, depending on the circumstances. Therefore, seeking legal advice from a qualified family lawyer is essential. Contact us to schedule a free 30-minute consultation with one of our qualified divorce lawyers in Toronto. We can help you understand your rights related to your home and discuss your situation.

In Canada, the Divorce Act requires parties to be separated for one year before filing for divorce. Although physical separation by living in separate dwellings is common, it is possible to be separated while still living under the same roof. The key is to live separate lives and not behave as a couple, even within the home, after communicating that the relationship is over without reconciliation. It is important to no longer hold yourselves out as a couple in public and to act as though you are separated. Although living under the same roof can be more affordable, it can also have drawbacks.