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As a family law lawyer, we frequently encounter the same key questions from clients. Some come up during initial consultations, while others arise later in the process. To save you time, here is a compiled list of a few commonly asked questions with straightforward answers for anyone seeking quick guidance. Let’s dive in!
- When Can I Get a Divorce After Separation?
Divorce is the final legal step in ending a marriage, granted by a court order. It doesn’t resolve related issues such as parenting, child support, or property division, which must typically be addressed first. These can be settled through a separation agreement or, if necessary, by going to court.
To file for divorce, you must live “separate and apart” from your spouse for at least one year, even if you continue to share a residence. For common-law relationships, separation still involves resolving similar issues, but the concept of divorce does not apply.
- Can I Be Certain I’ll “Win” in Court?
The idea of “winning” in court is subjective, and no lawyer can guarantee a specific outcome. While your lawyer can assess the strength of your case and provide guidance based on the law, outcomes often depend on the judge and the nuances of your case. Success in family law is more about reaching a fair resolution than “winning” in the traditional sense.
- I Don’t Want to Go to Court—What Are My Options?
Court isn’t the only path! Here’s how to avoid it:
- Before the Relationship: A well-drafted marriage or cohabitation agreement can save you significant stress later.
- After Separation: If you and your partner can agree on key issues, you can negotiate terms—independently or with lawyers—and formalize them in a separation agreement.
Collaborative Family Law, Mediation or arbitration are also great alternatives for resolving disputes, either on all issues or a specific matter, without stepping into a courtroom.
- Do I Have to Give My Partner Half of Everything?
Not necessarily. While many think of equalization as “splitting everything 50/50,” the reality is more complex. Here’s what you should know:
- Equalization applies only to legally married spouses, not common-law partners.
- A detailed calculation of assets and debts is required, factoring in what was brought into the marriage, gifts, inheritances, and excluded assets.
Each case is unique, and mistakes in these calculations can be costly. A lawyer’s guidance is essential here.
- Can I Buy Out My Spouse’s Interest in the Matrimonial Home?
The matrimonial home is often the largest shared asset. If you and your spouse agree, one of you can purchase the other’s share.
If no agreement is reached, a judge may order the sale of the home and divide the proceeds. Judges can’t force your spouse to accept a buyout but will prioritize ensuring that both parties can move forward financially.
- What’s the Difference Between Sole and Joint Custody?
Family law no longer uses the term “custody.” Instead, we refer to parenting time and decision-making authority:
- Sole Decision-Making Authority: One parent makes key decisions about the child’s residence, education, health, and religion.
- Joint Decision-Making Authority: Both parents share responsibility for these decisions.
Even if one parent has sole decision-making, they often need to notify or consult the other parent about major decisions.
- What Is a Retainer, and How Do I Pay a Lawyer?
A retainer is an upfront payment to secure a lawyer’s services. Think of it as a deposit that funds your casework, including advice, document preparation, and court representation. Lawyers bill against this amount, and any unused portion may be refunded, depending on the agreement.
Family law can be complex, but understanding these basics can help you navigate the process more confidently. If you have further questions, consulting with an experienced family law lawyer is always a wise step to ensure your unique circumstances are addressed.
We’re here to help; give us a call at 905-492-7662!
