Divorce or separation can be one of the most stressful experiences that any family can go through. Human relationships are complex, making family disputes far from easy to resolve.
For this reason, attorneys specializing in Family Law can help with family law issues.
You don’t need to go through this process alone. Having an experienced attorney will ensure your best interests are protected, and that your case gets the best outcome.
You can ask for a consultation with family law attorneys from JURIGO to get valuable legal advice regarding your situation.
Fill out the form below, free of charge, and find the best divorce or separation lawyer today!
What is Family Law in Ontario?
Before we go to the distinctions of family law in Ontario, it is best to first understand “Family” at the most basic level.
Statistics Canada defines family as a couple with or without children, whether common-law or married, or a single parent with one child living in the same house.
Family Law offers legal protection to families andcovers the many complexities of the law and family relationships.
In Ontario, family law covers the relationships between adults, adults and children, and the State. It governs obligations and family disputes including child support, spousal support, divorce, adoption, or the division of assets, among others.
As you can see, it is an area of law that is related to very complex domestic and family relationships, making it a very sensitive and emotional legal practice.
Attorneys that specialize in family law can draft contracts, separation agreements, cohabitation agreements, prenuptial agreements, etc. They can also represent you in family court and fight for your rights.
Family law cases are civil cases usually concerning spouses or partners, parents, and parents and children. The courts in Ontario deal with many cases regarding domestic issues.
Some of these issues are:
Dissolution of Marriage
A spouse who wants to end a marriage can file a case at Family Court. A marriage can be terminated with a divorce or an annulment order. The courts could also grant a separation order whereby the issues of property, child custody or support, and alimony can be addressed. In a separation, the spouses remain married by law.
The Superior Court of Justice handles all divorce cases and the division of property under federal law. Child protection & adoption cases are filed and heard in the Ontario Court ofJustice under provincial law. Both of these courts can handle spousal support, child support, and child custody cases.
Paternity & Child Custody
Unmarried parents can request for legal custody, visitation, child support, or physical custody.
If a parent files a case of paternity at Family Court, it must be established and verified. If paternity cannot be proven, an unmarried father cannot have authority over the child. This is true for child support claims as well.
A mother cannot simply deprive a father access to his child and needs to inform him if she decides to relocate.
Juvenile Matters
When there are allegations of child neglect or abuse and when minors are accused of a crime, these matters are handled by the Juvenile Division. The Family Court can give minors under 14 work permits.
Guardianship
Guardianship cases determine who becomes responsible for the personal, financial, and medical decisions concerning a minor or an adult who is unable to care for himself.
Protection Order against Domestic Violence
A victim of domestic violence can go to Family Court for a protection order for the abuser to stay away.
Adoption and Termination of Parental Rights
When a parent must not be allowed to have a relationship with a child for reasons of neglect, abuse, or abandonment), the Family Court can terminate parental rights.
On the other hand, a person who wants to be the legal parent of a child must file a case with the Family Court. An adoption order from the court can create a legal parent-child relationship.
Approval of Underage Marriages and Emancipation
Those who want to be legally “free” from their parents’ control can petition the Family Court for emancipation. Minors below 18 years old who wish to get married must also get the approval of the Family Court.
Name Change
Children and adults can legally petition for a name change at Family Court.
As mentioned earlier, Family Law encompasses a broad variety of issues. These include the establishment of child support by a parent, the division of property of spouses, and where children will live after their parents separate.
You can get more information by visiting Family Court Services- Superior Court of Justice.
What do Family Law Attorneys Do?
Family law attorneys help clients resolve issues relating to the family.
Thus, they get involved in the personal lives of their clients to handle issues relating to divorce, separation, child custody, alimony, child support, paternity, division of property, and the like.
The first approach that attorneys recommend is mediation because it takes less time, is less stressful, and less expensive than a court hearing. They can take care of drafting the necessary separation agreement or simple divorce and file the paperwork in court.
If mediation is not possible, family law attorneys will fiercely advocate the rights of their clients in court to get the best possible outcome.
Why Hire a JURIGO Family Lawyer
The attorneys at JURIGO are knowledgeable about the Federal and Provincial Statutes, case law, and procedures. Thus, they are in the best position to provide you with legal advice and expertise. You can be sure that your attorney will provide a customized and individualized strategy to win your case.
When you work with a JURIGO family lawyer, he will:
- Explain the aspects of separation and its process;
- Discuss entitlement and duration of spousal support;
- Prepare prenuptial or separation agreements as needed;
- Explain to you about division of property and the matrimonial home;
- Explain the prerequisites of divorce or issues related to the breakdown of a marriage;
- Explain the differences of common-law relationships and marriages in the eyes of the law.
When you hire a family law attorney, he will need information about your finances for spousal support or child support purposes.
He will keep you informed of the progress or status of your case and offer options regarding the resolution of pending issues.
One thing is for sure; your attorney will generate options to resolve the matter as amicably as possible for the fastest and least expensive way possible. If the legal issues can be peacefully resolved, he will prepare a separation agreement for you and your spouse.
Is Family Law & Divorce Law the same?
While these two terms may be used interchangeably, they are not the same.
Family Law is all-encompassing and can be likened to an umbrella that covers a wide variety of legal issues related to the family. In Ontario, Family Law issues are generally covered by provincial legislation.
Divorce Law, on the other hand, is under Federal Legislation and applies to all of Canada. Certain issues related to divorce get entwined with Family Law topics such as child custody and support, but Divorce Law is merely a subset of Family Law.
Divorce: Parenting Time, Contact, & Decision-Making Responsibility
In Ontario, you are considered as the parent of a child if:
- You gave birth to the child unless you had a surrogate;
- You were married or living with the mother who gave birth to the child at that time;
- You are certified as a parent of the child under the Vital Statistics Act;
- You are recognized by a court as the child’s parent under the Children’s Law Reform Act.
If you are separating or divorcing a spouse, it is critical that the children feel loved and safe. Children are naturally anxious and distressed during this difficult time.
Parenting arrangements can be set up to establish stability in the lives of the children.
- Where will the children live?
- How much time will each parent spend with them?
- Which parent will be responsible for decision-making?
In a separation or divorce, children may live with one parent or live with both parents alternately. They could also live with someone else.
A parenting order is needed if the parents don’t live together or cannot agree on these issues. You will also need a parenting order if a child in your care have parents who are unavailable or unwilling to provide care or are deceased.
To request a parenting order, the following forms are required:
- Form 8 (application form)
- Form 35.1, Part A (Affidavit for decision-making responsibility, contact, and parenting time)
- Form 35.1A (Child Protection Information): This is required if the child was involved in a child protection case or has received child protection services.
You will need to answer questions about violence in the home, involvement in cases with the family court or civil or criminal cases. The court will also need to know your plan for caring for the child. To know the steps, refer to the Guide to Procedures in Family Court. Your family lawyer will also be very helpful with this process.
Types of Parenting Orders
These parenting arrangements can be informal when both parents agree to a parenting plan or as part of a separation agreement prepared by a family lawyer. It can also be ordered by the court.
In terms of decision-making responsibility, a court may assign the important decisions to one or both parents. These matters may be related to health, education, religion, etc.
Grandparents may also request the court for decision-making responsibility regarding a child. Non-parents will have additional requirements before they can get a contact or parenting order.
You should speak with an attorney of Family Law to get more information about parenting orders. A family law lawyer may be able to get a parenting order without a court hearing through mediation.
Simple Divorce in Ontario
A simple divorce is also called an uncontested divorce wherein spouses agree to divorce. For simple divorces, the spouses don’t have to go court as the divorce petition can be filed online.
The request is filed with the Ontario Court of Justice, Superior Court of Justice, including the Family Court branch and the Divisional Court – Superior Court of Justice.
Once the documents are submitted, you will receive a notification within 5 business days if the documents are accepted or rejected.
Depending on your situation, filing the family court documents online may not be applicable. It is advisable to consult a divorce attorney from JURIGO for advice.
A divorce attorney knows the steps for filing documents in court or online as provided by Family Law Rules. He can ensure that the paperwork is in order and help you with your options. He can also prevent any negative consequences or risks for failing to follow court procedures.
Fill out the form on this page to get connected to divorce lawyers in your area, free of charge and with no obligation.
Spousal Support after Separation or Divorce
Spousal support is financial support by one spouse to the other spouse after a separation or divorce. The goal is to help the spouse to become financially stable and prevent serious financial difficulties because of the termination of the relationship.
It is also designed to cover expenses related to childcare and to compensate a spouse who has stopped working to care for the children.
If ordered by the court, spousal support is paid by a spouse with a higher income to the spouse with less financial resources.
Are you eligible for spousal support? A spouse could be entitled to spousal support if:
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Married
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Lived together as a couple for 3 or more years;
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Both were in a permanent relationship for some time and had a child or children together.
You must show that any of the following applies in your case:
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You took care of responsibilities that prevented you from having a career (childcare or helping the spouse with his career)
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The other spouse has adequate income or assets to pay support while you are needing financial support after the separation;
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You entered into a legal agreement that in case of a separation, you will receive spousal support.
Factors such as health, age, and childcare needs are also considered by the court in claims for spousal support.
How much is the amount of spousal support?
The amount of spousal support that is decided by the court depends on factors like:
- The disparity in income;
- Age;
- Children you had together and who has been taking care of them;
- Mental and physical health;
- Earning capacity
A separation or divorce attorney can help calculate the right amount of spousal support. He will explain the Spousal Support Advisory Guidelines and how they apply in your case. These guidelines are used as references by judges and lawyers in deciding on the amount of spousal support and the length of time it should be paid.
Ontario Rules for Common Law Marriages
In Ontario, common-law partners do not have the same rights and obligations as married couples. You must understand the distinctions between cohabiting partners and married couples to protect yourself in case the partnership fails.
Two people are considered common-law partners if they lived together in a conjugal partnership for 3 years or more. If they had a child together, whether by adoption or by birth, the time requirement is reduced to at least one year of cohabitation.
The Family Law Act (FLA) provides for the equal division of any and all financial gains of a marriage but this property regime applies only to married spouses. For common-law partners, the “matrimonial” home belongs to the person whose name appears on the title.
Certain remedies may be available for common-law partners through constructive trust.
It allows a common-law partner who isn’t on the property title to gain rights to the property. For example, a spouse who stayed home to care for the children or domestic chores may be given monetary benefits or a constructive trust with the matrimonial home.
Property purchased in a common-law relationship after separation
Property owned by an individual with the legal title to it owns the subject property. No equalization payment is provided in common-law relationships after separation.
A common-law partner may feel entitled to a property due to his personal contributions. If this applies to you, your options are:
- Request your ex-partner to compensate you for financial and non-monetary contributions to the property;
- Go to court and claim resulting trust, constructive trust, or unjust enrichment.
Resulting trust means that a partner helped to pay for the property whose title is in the name of the other partner. After a separation, the court may order that the property is owned jointly or owned in full by the partner who paid for it
The courts will only reward a constructive trust if the Supreme Court of Canada’s test is satisfied on the principles of unjust enrichment.
- One of the spouses must have gained wealth or enrichment;
- There must be a corresponding deprivation for the other spouse;
- The enrichment should have no legal reason such as a gift or a contract.
As a last resort, a claim for unjust enrichment can be filed. It can attempt to remedy an unfair situation wherein the efforts of one partner has benefited the other. The aggrieved partner could request for the value of his contributions. Keep in mind, however, that under common-law partnerships, there is no legal obligation and no guarantee that these contributions will be compensated.
Division of assets, cohabitation agreements, property, child custody, or spousal support are complex issues under Ontario’s common law.
Speak to an experienced Family Law attorney from JURIGO by filling out the form on this page.
How much will a Family Law Attorney Cost?
You must understand that a family lawyer is a legal representative whose work is not mechanical. Every case is different and is given special attention based on the facts of the case.
The preparation of the paperwork depends on the complexity of the case and the time that lawyers spend on their cases varies. The research on your case could require reading tons of pages of disclosures so he can build a strong strategy.
The hourly rate of lawyers across Ontario can be anywhere from $150 to $600 + HST per hour.
However, when you are looking for an attorney to represent you, a bargain is not what you need but a lawyer with the experience, skills, and dedication to win your case.
If you want to know how much a family law attorney will cost, just fill out the short form
on this page today!