Going through a divorce can be traumatic for spouses and their children. Ending a marriage is often difficult and fraught with many issues that are not easy to resolve.
You need an experienced divorce lawyer in Mississauga who is an expert in divorce and family law to protect your interests and make the divorce process less complicated.
Hiring a divorce lawyer is critical to ensure you get a favorable outcome on settlement and alimony, child custody, division of property, etc.
You can find the best divorce lawyers in Mississauga on our network by filling out the short online form on this page, free of charge.
Divorce Settlement and Alimony in Mississauga
A divorce settlement in Ontario can include spousal support or alimony. This means a spouse makes a monthly payment to the other spouse after a divorce. Below are essential things to understand regarding alimony or spousal support.
Who is eligible?
Not everyone is entitled to spousal support and it is not automatically given in a divorce proceeding. One spouse needs to make a request. The other spouse may object and this could lead to litigation.
The Federal Divorce Act allows spousal support to be paid when there is a huge gap in the incomes of the spouses after separation or divorce. The courts decide and could rule that the spouse with a lower income is not eligible for support.
Spouses can negotiate alimony as part of a separation agreement. If they cannot agree, it will go to court before a judge who will determine the amount and duration of the support.
How is alimony calculated?
The amount of alimony is calculated based on factors like age and income of both spouses, how many years they were married, and child support, among others. It is worth noting that the courts are not required to follow these guidelines.
Duration of alimony
For marriages that lasted 10 years or more, alimony is generally half to one year for every year of the marriage. Marriages that lasted 20 years or longer, or the receiving spouse’s age plus the years the marriage lasted is more than 65, the duration of the alimony may be indefinite.
Tax considerations
Mississauga has a higher cost of living compared to other cities in Canada and has unique tax implications such as capital gains from the sale of a marital home.
It helps to consult a divorce lawyer to understand the implications of divorce on your finances and lifestyle. He will ensure your best interests are protected under the law.
Divorce and Family Law Services from Mississauga Lawyers
Family law matters such as divorce or separation are complex and emotionally challenging. Experienced divorce lawyers offer compassionate legal services tailored to your individual needs including:
Divorce Proceedings:
Whether you have a contested or uncontested divorce, a divorce lawyer in Mississauga will handle your case with utmost professionalism and sensitivity.
Alimony or spousal support:
Divorce lawyers work to ensure an equitable solution tailored to the spouses’ circumstances.
Division of Property:
Divorce lawyers ensure a fair distribution of marital assets and liabilities, including financial portfolios or assets.
Child custody or access
Divorce lawyers respect and advocate the rights of parents and the best interests of the child in custody disputes.
Child support:
Divorce lawyers can help to establish, change, or enforce child support agreements for the child’s welfare and future.
Changes in Court Orders:
Divorce lawyers assist with requests to modify existing custody, support, and alimony orders in line with changes in your circumstances.
Legal representation:
Divorce lawyers will protect your rights and interests in family court, including litigation related to divorce proceedings.
Mediation and Disputes:
Many law firms offer mediation services to simplify divorce proceedings and avoid litigation costs.
A reliable divorce lawyer will guide you through each step of the divorce proceeding to reduce the emotional stress and financial consequences.
Do you need a divorce lawyer? Fill out the short online form on this page to get connected to divorce lawyers in Mississauga near you.
Why hire a divorce lawyer in Mississauga?
It is not mandatory to hire a divorce lawyer to file for divorce in Mississauga or anywhere in Ontario. However, it is highly advantageous for you to do so, particularly in cases that involve property division, alimony, or child support.
A divorce lawyer will protect your rights and ensure you get a fair settlement.
Divorce lawyers know everything about the law covering divorce, division of assets, and custodial issues. If you handle a divorce on your own, you will devote a lot of time and money to the divorce proceedings. Without legal advice, you could easily make decisions that negatively affect you and other family members.
If your divorce case goes to litigation, you could be at a disadvantage without a lawyer. The court expects you to follow the same standards as a lawyer and will not give special consideration if you don’t have legal representation.
By hiring a good divorce lawyer, you are assured that important issues are addressed and resolved properly. Your lawyer will draft a concise and binding agreement that will ensure proper settlement of your divorce.
Types of divorce in Ontario
Divorce lawyers in Mississauga assist with simple uncontested and contested divorces. How do they differ?
Uncontested Divorce: Also known as simple divorce, an uncontested divorce is when the spouses agree on significant aspects such as division of assets, child custody and support, and alimony.
The divorce claim is filed in court and takes less time to be finalized.
Contested divorce: This type of divorce happens when the spouses cannot reach an amicable agreement on important issues. The failure to reach an agreement will lead to a more complex process that often involve court proceedings. Contested divorces take longer and are also more expensive.
Simple Divorce: A spouse files a claim for uncontested divorce.
Joint Divorce: Both spouses file a divorce petition together.
By understanding the types of divorces in Mississauga, you can choose your best option to resolve disputes. If you and your spouse agree to a simple divorce, you can avoid conflicts and lower your legal expenses for a divorce.
Who can apply for divorce in Mississauga?
To be qualified to file a divorce petition, you must meet the following conditions:
- Be legally married;
- With no possibility of a reconciliation;
- File your original marriage certificate;
- You or your spouse must have lived in Ontario for a minimum of 1 year before the divorce petition;
- Must apply any one of the following grounds for divorce: separation for 1 year, adultery, or cruelty.
An experienced divorce lawyer in Mississauga can assist you with simple divorce or contested divorce applications. We recommend hiring a divorce lawyer with a successful track record in handling divorce and other family law matters.
How much do divorce lawyers in Mississauga cost?
A divorce lawyer in Mississauga could charge around $1,000 plus HST for a simple divorce. Court fees and other related expenses amount to about $669. The first payment of $224 is made when the application is filed while the remaining $445 is paid when the divorce hearing is set.
For more complicated contested divorces, divorce lawyers charge an hourly rate ranging from $200 to $500 plus HST.
The average cost of a contested divorce is $12,750 but going to court could raise the cost to as much as $45,000.
Not all divorce lawyers charge the same rates so it is to your advantage to compare lawyers and their fees.
When you schedule your initial consultation, a divorce lawyer will assess your situation and recommend an action plan. He will also lay out his fees for taking on your case. In this way, you will know from the start how much you need to pay to get your divorce done.
Compare divorce lawyers and their fees today by filling out our free and no-obligation form!
Reasons why Separating Couples should avoid going to Court for Divorce
Couples who wish to divorce will need to decide if they want to go to family court. Many family lawyers oppose this because in their experience, staying out of court benefits both spouses.
Below are the reasons why a simple divorce is a good idea.
Litigation causes delays
The goal of Family Court is to resolve cases within a year of the date of filing. In reality, it could take 1 to 2 years. Complex divorce cases could take longer than that. Any delay can increase your legal fees and take a toll on your mental and emotional well-being. Couples in an extended divorce proceeding are unable to move forward with their lives while their case is pending in court.
Higher Cost for Contested Divorces
Don’t be surprised to know that family court proceedings could cost from $50,000 to $200,000. Complex cases could have staggering costs.
Out-of-court mediation or divorce settlements get resolved much faster and could cost from $5,000 or less. Legal fees are much lower if minimum legal representation or assistance is needed.
Court proceedings are also quite stressful as they take time, cost a lot of money, and have a higher level of uncertainty. Judges decide on what is fair and in the best interest of all parties based on their interpretation. There is no guaranteed outcome and this makes going to court a gamble.
For uncontested or simple divorce, Mississauga divorce lawyers offer convenient legal services that minimize court appearances and lawyer meetings. This is because most lawyers now also offer digital services to further simplify uncontested divorce procedures.
Find a good divorce lawyer in Mississauga for legal advice and increase your chances of success.
Request free and no-obligation quotes from reputable divorce lawyers near you by filling out our online form.
How to find the right divorce lawyer for you?
Would you like to consult a divorce lawyer in Mississauga? Many reputable lawyers offer free consultation to understand your needs and offer their legal services.
Working with a divorce lawyer through a separation or divorce from the very start can make a stressful situation easier. As your ally, your divorce or alimony lawyer will take charge of your case and provide you with the best approach and resources to reach a favorable outcome.
You can find a trusted divorce lawyer in Mississauga right here by just filling out our short online form at no cost. Our partner lawyers are all experienced and qualified to handle all aspects of separation and divorce proceedings to protect your rights and interests.
But don’t take our word for it! Compare divorce lawyers using our short online form today to meet the right legal expert to be your ally.