Does my child get to live where he wants? Depending on both the quality of your family relationships and the degree of court or other third-party involvement with your marital separation, the complicated answers to that straightforward question can be “yes” or “not necessarily”. When is the answer “yes, the child gets to decide”? In …
Read MoreHelpful Books on Divorce Here is a selection of books many of our clients have found helpful. Life after Divorce: Create a New Beginning By: Sharon Wegscheider-Cruse Rebuilding: When your Relationship Ends By: Bruce Fisher, Robert E. Alberti Getting Up, Getting Over, Getting On: A Twelve Step Guide to Divorce Recovery By: Micki McWade The …
Read MoreGetting a divorce can be a tough decision to make. The divorce process can be complex and emotionally draining work that could take weeks, even months, to settle. But a family court may help settle any disputes between a married couple during a divorce. However, there are a lot of things to consider before going …
Read MoreDivorce in Ontario is the easiest part, from a legal perspective, to the end of a marriage. The issues of property, support or children are corollary to divorce and are ordinarily resolved in advance of the granting of divorce. There is only one ground for divorce. This is marriage breakdown. Marriage breakdown can be shown …
Read MoreUnder the Federal Statute, the Divorce Act, divorce may be granted in Canada on only one ground: marriage breakdown. Marriage breakdown can be proved by one year of separation, adultery or cruelty. It is more difficult to get a divorce based on adultery or cruelty, as your spouse may oppose it, making the whole process …
Read MoreIn order to change your child’s last name, you will have to be the child’s parent with legal custody or be the legal guardian of the child. In order to change the child’s last name, you will have to provide notice to anyone who has legal access to the child, even if you have sole …
Read MoreIt is best to have a lawyer with you to help you navigate the court system. Issues of property, support, custody and access can be very complicated. If you cannot afford a lawyer, you can get legal help at the court from duty counsel. Duty counsel is a lawyer paid by Legal Aid Ontario who …
Read MoreIf you spouse does not contest the divorce, you will not have to go to court. You will simply file the joint application and the judge will rule on the written material and grant your divorce. If the divorce is contested, or if there are other issues for the judge to decide, you will have …
Read More“Ordinarily resident” means that your permanent home is in Ontario. The definition of “ordinarily resident” has been considered in many cases and has been interpreted to refer to a place where you have a settled routine in your normal life, rather than somewhere you visit or stay. There is a requirement that you intend to …
Read MoreHow long do I have to live in Ontario to obtain a divorce? As long as you or your spouse has been “ordinarily resident” in Ontario for at least one year immediately preceding the start of the divorce proceedings, you can get a divorce in Ontario.
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