Is There a Best Time of Year to File for Divorce?
If you’re thinking about ending your marriage, you may wonder whether there’s ever a “right” time to do it. After the holidays? When the kids finish the school year? Once your income tax return is filed? The courts in Ontario are open all year, so there’s no “season” when divorce is legally easier or harder to start. But timing still matters, just not in the way most...
What Happens at a Case Conference in Ontario Family Law?
If you’re going through a separation or divorce, your first real appearance before a family court judge will often be a Case Conference. It’s not a trial: There are no witnesses, and the judge isn’t there to make findings of fact. Instead, a Case Conference is meant to identify the issues, encourage settlement, confirm that information has been exchanged, and set out what...
In an Ontario Divorce, Who Gets the House?
For many separating couples, the family home is both their largest asset, and also the property to which they are most emotionally attached. Not surprisingly, at our firm one of the first questions we get from our newly-separated clients is: “Who gets to keep the house?” In Ontario, there is no automatic rule that the husband gets the house, the wife gets the house, the parent with the...
What Happens if Your Ex is Hiding Income?
If your marriage has broken down, you may quickly discover that financial disclosure is an important – and perhaps contentious — part of the separation process with your Ex. You might notice that your Ex has suddenly become secretive about their finances. Or maybe you suspect they are actively hiding income. The good news, is that the law is on your side: In Ontario, as divorcing spouses you...
Who Gets the House in a Divorce in Ontario?
If you are legally married but in the midst of separating or divorcing, then your family home is likely the most valuable asset you own – and perhaps also the one you feel most emotional about. But the treatment of the matrimonial home in a divorce is one of the most misunderstood aspects of Ontario Family law. At our Firm, we hear a lot of wrong assumptions and misconceptions from our...
Are You New to Canada? Here’s What You Need to Know About Divorce
If you are a newcomer to Canada and are also facing the breakdown of your marriage, the legal process can feel unfamiliar and overwhelming. Understanding the basics can make the process more manageable, so we have set out some of the most common questions we receive: Q: I’m Originally from Another Country. Do Canadian Laws Apply to Me? A: Yes. As long as you live in this country, Canadian...
Why Your Separation Date Matters in Your Divorce
In a recent Article titled Can You Be Separated While Still Living Together in Ontario? https://www.torontodivorcelaw.com/why-the-separation-date-matters/ we talked about how – for economic reasons – it’s becoming more common for divorcing couples to continue living together pending their divorce finalization. Under Canadian law, it’s fully possible to be separated and still live under the...
Divorcing a Narcissist: How to Protect Yourself Legally
Is your Ex a Narcissist? Are you in the midst of a separation and divorce? Then you’ll likely know already that narcissists can make an already-challenging process even more complicated and stressful. They may be using manipulation, blame-shifting, and attempts to control the narrative during negotiations or court proceedings. Or perhaps they are trying to undermine and thwart the fairness...
Divorce After Age 50 in Ontario: What’s Different About It?
Divorce later in life—often called a “gray divorce”—is becoming increasingly common. Married couples are separating after many decades, after the children are grown or retirement is approaching. While the basic legal framework for divorce in Ontario remains the same regardless of age, couples who divorce after age 50 often face a different set of financial and practical considerations. If you...