Blog: Family Law – General

3 MORE COMMON FAMILY LAW AND DIVORCE MYTHS

In a previous article, we addressed some common myths about separation and divorce. Here, we will address some additional misconceptions: 3 Myths Myth 1: “I have to file for legal separation.” It is very common for people to come to us and say that they want to file for legal separation. However, when you and your partner or spouse separate, there is actually nothing to be filed to confirm that change in status.  Even if you and your ex ultimately negotiate a Separation Agreement, you are not required to file…

When Are You Legally Separated?

In most cases, for spouses to be entitled to a divorce in Ontario, they have to have lived “separate and apart” for one year. Determining when separation began can also be significant when it comes to the division of family property, as each spouse’s assets and liabilities are usually valued as of the date of separation. However, couples often do not separate all at once, and some aspects of a relationship may continue after others have come to an end. As a result, it can be difficult to determine precisely…

4 Dos and Don’ts for a Separation and Divorce

Unfortunately, you and your married spouse, or common-law spouse, have decided to separate and/or divorce. Regardless if you initiated the separation or not, you are more than likely going to experience a process of grief and an emotional roller coaster.   This can result in some bad initial decision-making. Below are our top 4 Dos and Don’ts for a Separation and Divorce that we have learned in our combined 20 years of practicing family law. Dos Do get counselling. A counsellor can help you through the grieving process and help you…

3 Common Family Law and Divorce Myths

We have compiled a list of 3 commonly held myths about Family Law and Divorce. Myth 1: “If my spouse and I have 50/50 physical custody of our children then there is no child support paid.”    If parents have 50/50 shared physical custody of the children child support may still be payable by the higher income earning parent. Typically, this is based on a “set-off approach” whereby the higher earning parent pays the difference between the full child support amounts for each parent based on their incomes. For example, if the…

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