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Separation. Divorce. Child Custody and Access. Child Support. Spousal Support. Division of Property and Assets.

Pre-nups, also called marriage or domestic contracts, are a very common step to take before and after a wedding. No one wants to think about divorce when they are getting married. However, divorce is a reality for roughly 40% of Canadian families. Being prepared for the worst can often be the best defense against a messy and expensive proceeding. more

If spouses separate and divorce without a marriage contract, their property will normally be divided according to the laws of Family Law Act of Ontario. However, in advance of the marriage, or prior to separation, couples can enter a marriage contract to decide how their property will be affected without the input of a judge. more

If you are getting divorced, chances are the person from whom you are separating was at one point someone you truly and deeply loved. This kind of care and compassion for one another does not just evaporate overnight. Therefore, it is natural that in some divorces, people feel the desire to support and comfort their ex through what is a painful and trying experience for both people. If you want to leave and your spouse is not ready to call it quits, here are a few things you ought to consider. more

How many cases like this have you handled?

When hiring any lawyer, you want to know that they have experience handling cases like yours. Even if you hire a junior lawyer, you can ask this about their principle – the lawyer who will be overseeing their work. That way you know that you are in experienced hands.

Who will be doing the work on my case?

Lawyers often have junior lawyers, paralegals and clerks working under them to complete a variety of tasks from writing letters to doing research. If the person you are meeting with is not doing the strategizing for you, or they are not the ones appearing in court on your behalf, then the lawyer you are retaining should be able to explain why this is the case. more

Staying organized can be a huge asset in your divorce proceeding, as it can help you communicate information, expectations and needs to your lawyer effectively. This allows your lawyer to pick up on details that can improve your case. more

There are a few things that every good family lawyer will tell you that you need to create a custody agreement that works:

  • a positive attitude,
  • a willingness to compromise, and
  • a realistic grasp of each party’s needs.

Your custody agreement should contain:

  • a custody and access schedule,
  • a holiday schedule (which includes birthdays),
  • a parenting plan, and
  • child support information.

 more

What is the best that a bad situation can be? Well, the answer can be summed up in two words: uncontested divorce. An uncontested divorce occurs when both spouses agree that the marriage is going to come to an end, and they can come to a mutually satisfying settlement agreement.

Even if you are not happy that your spouse wants out, recognizing that you cannot control someone else and acting with maturity can make the process way less painful for you. Similarly, you can engage in a joint divorce. The difference is that in an uncontested divorce, you serve your spouse with a divorce application and your spouse does not contest or raise any issues regarding the divorce. Alternatively, in a joint divorce, you do not initiate any action against each other. Rather, both spouses inform the court of their intention to divorce through the same application. more

Legally, the answer to this question is no, your spouse cannot force you to go to see a marriage counselor. However, if your spouse is expressing a desire to go to counseling, it may be worth noting that they are experiencing some concerns or insecurities in your marital relationship.  more

On the Fence About Your Marriage

 Relationships have their ups and downs, and it’s normal to want some space at times. If you are on the fence about your marriage, the best thing to do is communicate with your spouse. Tell them what is bothering you, your concerns, and try to find common ground. If your spouse is unwilling to work on things, you might benefit from visiting a marriage counsellor together. Speaking with a professional third party about your marital problems might provide you both with a sense of clarity, and can promote communication, understanding, and compromise. You might also want to visit a counsellor independently. This can give you the opportunity to discuss your concerns and receive professional advice. more

Most stalking cases involve a previous relationship between the stalker and the victim. In fact, divorced or separated spouse are more likely to be stalked by former spouses than others. Female victims are most often stalked by former intimate partners, whereas male victims are most often stalked by casual acquaintances. If your ex is stalking you, it may be best to alert the police to ensure your safety. It may also be a good idea to let your family, friends, and other people close to you know so that they can help you devise a safety plan. more