If you are planning or going through a divorce, you need an experienced divorce lawyer in Toronto to help you and protect your lawful rights.
Divorce can be stressful and could result in financial difficulties. With a good divorce lawyer by your side, you can be sure that a legal expert will mitigate these negative consequences.
Whether you need someone to help with custody issues, alimony, or the division of assets, divorce lawyers in our network are knowledgeable in this field.
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What do divorce lawyers do?
The word divorce can cause stress to many people as it brings to mind images of emotional confrontations, expensive legal battles, and custody fights.
Divorce does not always have to be such.
Experienced divorce lawyers and family law specialists can be trusted to take care of your financial future.
They will help you with the best strategy to resolve your concerns in the following areas:
- Divorce mediation
- Annulment
- Alimony
- Child Custody
- Property Division
- Child support
- Restraining orders
- Joint Custody
- Visitation rights
- Criminal charges and divorce
If you are ready to speak to a divorce lawyer, connect with top divorce lawyers near you by filling out the short online form on this page. You have nothing to lose!
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Divorce Mediation in Toronto
If you want to put an end to your marriage with a simple divorce, you can resolve issues amicably with mediation. A neutral mediator can keep divorce issues out of court and get a divorce order with an uncontested divorce.
You and your spouse will meet during mediation to discuss the problems arising from the divorce with the goal of resolving such issues objectively. With non-confrontational discussion, a divorce can be cost-effective and productive without much stress or anxiety.
When spouses reach an agreement, the terms are put in writing and reviewed by a family lawyer.
You must understand that a mediator is not the divorce lawyer for any of the spouses; nor can he provide legal advice. During a mediation, it is in your best interest to seek help from a divorce lawyer. You cannot be forced to sign or accept an agreement. Both spouses are also responsible for enforcing or complying with a separation agreement.
In Toronto, a divorce agreement can include property division, support, and child custody.
A separation agreement falls under the Family Law Act. With a divorce lawyer’s help, you can ensure the contract is airtight.
What are the grounds for divorce?
In Canada, the only ground to obtain a divorce under the Divorce Act is the breakdown of marriage. You can demonstrate this if one of the following conditions apply:
- You and your spouse have not been cohabiting for at least a year.
- Your spouse has been mentally or physically cruel;
- Your spouse committed adultery.
If you use the basis of 1-year separation, you can live together for 90 days before or after filing the divorce application to see if reconciliation is possible. If not, you can proceed with action for divorce.
A good lawyer can inform you what the courts will consider in deciding if you meet the criteria of separation.
If you choose cruelty or adultery as grounds, you will need to prove them. The only advantage to be gained in using cruelty or adultery is you won’t have to wait a year to apply for a divorce order. Generally though, this type of case takes longer to resolve.
In some cases, it is faster to obtain a divorce based on one year separation since the other two grounds tend to take a long time.
How long is the divorce process in Toronto?
A simple divorce in Toronto be can done in 6 months or less when property division, custody, and support are considered. Complicated and contested divorces that will need court litigation will take longer.
The fastest and cheapest way to obtain a divorce in Ontario is through an uncontested divorce.
Is a divorce lawyer required to get a divorce in Toronto?
You are not required to hire a lawyer to file a divorce application. But by hiring a divorce lawyer, you can make sure your rights are protected and get legal advice during this stressful time.
Your lawyer can help you navigate spousal disputes more efficiently and facilitate your freedom and independence with a divorce resolution.
Hiring a divorce lawyer is most beneficial if you are in the midst of a contested divorce with complex issues concerning assets, custody, or support.
If your divorce goes to court, having a good divorce lawyer is critical. He can present your case and handle legal procedures effectively to get the best possible outcome.
Can you avoid hiring a divorce lawyer?
To avoid a long and costly legal battle, the most cost-effective option for divorce is to file an uncontested divorce without a lawyer.
We mentioned earlier that spouses can try to reach an agreement through mediation. Just keep in mind that you will be with a mediator who cannot act as a lawyer for both you and your spouse. The terms of the separation agreement you sign will be binding.
In Ontario, there are two kinds of uncontested divorce:
1) Simple Divorce:
A spouse can serve a divorce notice to the other party who does not wish to fight the divorce. With a simple divorce, however, you cannot get an order for child support, custody, access, or property division.
2) Joint Divorce: Both spouses can file a divorce application jointly and request orders regarding support, property division, custody, access, and other family law issues they have already agreed on.
It is very difficult for any person to remain objective or impartial in a divorce proceeding when there are emotionally important issues on hand. Even in a simple divorce, it is to the best interest of both spouses to hire a divorce lawyer to guide them to a fair outcome and ensure that the divorce process is properly completed.
Are you looking for a good divorce lawyer in Toronto? Just fill out the short online form on this page to connect with experienced lawyers, free of charge.
How much does divorce cost in Toronto?
Studies show that the average cost of divorce in Toronto is around $1700 for uncontested divorce cases and from $10,000 to $100,000 for a contested divorce.
Lawyers’ fees cannot be stated with accuracy because it depends on the circumstances of your case. The length of each divorce case also varies along with the lawyers’ fees.
To give you an overview, below are the average costs of divorce in Toronto.
Court Fees: In most divorce proceedings including uncontested divorce, court fees are required. The first payment is made when you file divorce papers consisting of court fees of $157 and $10 for the Department of Justice. Another $280 must be paid before the court will review the case, amounting to a total of $447 in court fees.
Lawyer Fees: Some lawyers charge hourly fees and other case-related charges. In Toronto, a divorce lawyer’s hourly fee ranges between $250 and $1,200. A good divorce lawyer could charge from $500 to $600 an hour.
If you are in a contested divorce, expect to spend thousands of dollars. For complex cases that take longer to resolve, lawyers’ fees could range between $5,000 and $50,000, especially if it ends up in trial.
While divorce can be expensive, it pays to get a divorce if reconciliation is out of the question.
FAQS on Divorce and Divorce Lawyers in Toronto
What is the difference between divorce and separation?
In a divorce, both parties sign a divorce agreement and file legal paperwork. They are both free to marry again after the divorce. In a separation, parties sign a legal agreement to settle their issues.
Who can get a divorce in Ontario?
A divorce can be granted in Ontario if one of the spouses have resided in Ontario for a minimum of 1 year. Both spouses must have been separated for at least 1 year. You can obtain a divorce in Ontario even if you married in another county as long as one of you meets the residency requirement.
I have been served divorce papers – what do I do?
You have 2 years to consent to the divorce after being served papers. If you don’t take action, you could lose your rights. You should find a good divorce lawyer to guide you.
What documents do I need for the divorce?
A divorce lawyer will request for your tax returns, property deeds jointly owned by you and your spouse, life insurance policies, tax bills, bonds and stocks, net worth statements, and other financial documents.
What is a divorce lawyer retainer?
A retainer is a deposit for charges you incur during a divorce case. Law firms usually require the payment of a retainer. The minimum retainer is around $2,000 but this depends on the type of divorce.
What factors increase the cost of divorce lawyers?
Issues that add complexity to a divorce case also increase the lawyers’ fees. These factors include child custody issues, spousal support, alimony, investment and retirement accounts, division of assets, to name a few.
Do I need a divorce lawyer?
If you sign a divorce agreement with spousal or child support, you may not be saving money by not hiring a divorce lawyer. It is advisable to hire a divorce lawyer to make sure your rights are protected. With a good lawyer by your side, you have a better chance at a fair and realistic outcome.
Getting a Divorce in Toronto with the Right Divorce Attorney
Divorce is never easy. Ending a marriage after you have invested emotions, time, and money is predictably stressful and difficult. A good divorce lawyer can ensure you come out of a divorce with what you deserve to start anew.
There are many divorce lawyers around you. Finding the right one to represent you in a divorce case must be done with care and consideration.
At the top of the list of things you must consider when choosing a divorce lawyer are length of experience, track record, expertise, client feedback, and his legal fees.
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