Frequently Asked Questions
We charge $1550 for an uncontested divorce plus any costs to serve your spouse if necessary. However, for any work other than an uncontested divorce (e.g., a separation agreement, a court order on consent, or a contested court matter) we charge at an hourly rate. Unfortunately, we cannot advise on how much the total cost will be in these situations as it depends on a number of factors that we cannot predict such as what your spouse will want to contest, how difficult your spouse is in reaching a settlement, and how much conflict is involved between you and your spouse. It’s impossible to predict with certainty at what point a matter will settle/be resolved and the longer a matter takes to settle, the higher the costs will be. Our firm bills on a monthly basis so that you are continually aware of what your legal fees are. We also continually offer reasonable advice to keep your legal fees reasonable and offer alternative dispute resolution options outside of court to help lower your legal fees.
An uncontested divorce, is a divorce that proceeds after the spouses have settled all of the family law issues other than the divorce (e.g., property, spousal/child support, and parenting) and one or both spouses are just asking the court to grant a divorce. It usually proceeds once the spouses have been separated continuously for a year.
Usually, no. Courts are generally not agreeable to granting a divorce if reasonable child support and parenting arrangements have not been made.
Child support is not taxable to the parent receiving the support, and the parent paying support does not get a tax deduction for the support.
If you have a separation agreement setting out child and/or spousal support being paid to you, and the other spouse does not pay, you can file your agreement with the court and the Family Law Responsibility Office for enforcement. The Family Responsibility Office will then enforce the support against your spouse. There are documents you have to file with the court and Family Responsibility Office to do this and our office is happy to help you with that.
Periodic or ongoing support payments are taxable to the spouse receiving the spousal support, and tax deductible to the spouse paying the spousal support. However, if the spousal support is paid in a lump sum then it is not taxable/tax deductible. For retroactive support, there are timelines applicable to determine if the support is taxable. Please speak with one of our lawyers if you would like advice on this.
A parenting schedule can be set out in a separation agreement, parenting agreement/parenting plan, or court order. It is the schedule that determines when a child(ren) are in the care of each parent.
If parties are married, usually one spouse pays the other an equalization payment. Equalization is the division of property acquired between the date of marriage and the date of separation.
Yes. The time limit to make a claim in court is the earliest of 6 years from the date of separation or 2 years from the date of divorce. In some circumstances, the court can extend the timeline.
Yes. Child support can always be changed if there is a material change in circumstances of the parents or children which would affect child support. Examples include but are not limited to: a payor parent’s change in income, a child’s change in residence that would affect child support (e.g., moving primarily from one parent’s home to the other parent’s), or a child attending post-secondary education.
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