For many individuals, getting a divorce is a stressful and daunting experience. People going through a break-up are going through one of the hardest, if not the hardest, times in their lives. Furthermore, divorce may have important implications for issues such as possession of the matrimonial home and the ability to remain a beneficiary to your spouse’s health plan or other employee benefits. For these reasons, it is important to obtain experienced legal counsel to ensure your rights are protected throughout the divorce process.
At Gelman & Associates, our Toronto divorce lawyers provide effective legal representation during separation and divorce, tailored to your individual needs. Our lawyers are passionate and understanding when representing our clients, but also tough when necessary. First and foremost, our firm strives to provide a customer-centred approach to the practice of family law. Our focus is not only on exceptional legal counsel but also a positive customer service experience from the moment you contact our offices. In keeping with this goal, we ensure our clients have all the information and resources necessary to make educated decisions throughout the separation and divorce process.
Services Our Toronto Divorce Lawyers Offer
At Gelman & Associates, our divorce lawyers in Toronto are dedicated to helping families navigate one of life’s most challenging transitions. Divorce in Ontario can take many forms and involve a range of legal processes. Our Toronto divorce lawyers strive to offer support, guidance, and representation to clients, no matter what their situations look like.
At our firm, we can assist with:
- Divorce Application Filing and Response: Our lawyers can help you initiate the divorce process. We’ll identify all necessary documentation you must submit and help you fill it out correctly and efficiently. If you are the recipient, we’ll help you craft your response in accordance with Ontario family law.
- Contested and Uncontested Divorces: Whether you and your spouse agree or disagree on the terms of your divorce, our Toronto divorce lawyers can help. If you have amicably resolved significant issues yourselves, we can help you draft your separation agreement accordingly. If you cannot agree, our legal team is ready to negotiate on your behalf or represent you in court, if necessary.
- Separation Agreements: When spouses divorce in Ontario, they’ll typically need to negotiate and sign a separation agreement before their divorce order can be finalized. Separation agreements set out legally binding terms of your separation, such as property division, spousal support, decision-making responsibility over shared children, and more. At Gelman & Associates, our divorce lawyers in Toronto can help you negotiate, draft terms, and finalize your separation agreement so that it’s legally enforceable.
- Legal Representation in Divorce Proceedings: Our lawyers provide experienced representation at every stage of your divorce. We’re prepared to help advocate for your rights during negotiations, court proceedings, or alternative dispute resolution settings. This way, you can feel confident that you’ll receive what you’re entitled to after your divorce.
- Collaborative Divorce and Mediation Support: For spouses who wish to settle their divorce outside of court, our Toronto divorce lawyers can assist. Our family law team has extensive experience with mediation as well as collaborative divorce, meaning we can guide clients through the legal process no matter what their circumstances look like. Our goal is to help you achieve a fair outcome in a respectful, time-efficient, and cost-effective manner.
- And More
No matter what stage of the divorce process you’re at, our team will provide tailored advice and a hands-on approach. From helping you compile and file your initial application to helping you litigate your divorce in court, you’ll have legal support at every step.
The Difference Between Separation and Divorce
A common misconception is that the words “divorce” and “separation” can be used interchangeably in family law. In reality, the two terms have very different legal meanings.
A divorce is a change in a person’s legal status, from married to single, which must be granted by a Court. However, a divorce does not deal with child access and custody, child support, spousal support, division of property and all other corollary issues that may need to be addressed by a couple in addition to obtaining a divorce.
Unlike divorce, a separation means that a couple is living separately and apart despite remaining legally married. In such circumstances, a couple should ideally enter into a separation agreement in order to resolve issues such as property division, support payments, as well as child custody and access arrangements.
What’s The Difference Between a Contested and an Uncontested Divorce?
When you decide to get a divorce, you can undergo either a contested or uncontested divorce. The type you choose will be dependent on your expectations coming out of the marriage and your relationship with your former spouse.
A contested divorce occurs when spouses are disputing issues related to the separation or divorce. These issues may be related to:
- Spousal support
- Child support
- Property issues
- Decision-making responsibility
- Parenting time
- Or other aspects of your separation
In a contested divorce, court involvement is normally necessary to help spouses resolve issues when they cannot come to an agreement themselves. This can lead to longer timelines for settling the divorce and higher legal costs. In addition, contested divorces frequently involve negotiations with the aid of lawyers. These may take place through mediation or arbitration to try to resolve disagreements before they go to court.
An uncontested divorce occurs when issues related to the separation have been settled before a court application requesting a divorce has been started. Essentially, the couple will file a joint application for the divorce, or one spouse will apply and the other will not contest it. Because terms are already agreed to, the divorce process will generally be simpler and quicker.
Uncontested divorces can be more cost-effective, as they won’t require court involvement, a trial, or additional negotiation. In many cases, uncontested divorces are a result of successful negotiation, mediation, or collaborative divorce efforts that allowed spouses to draft their separation agreement in advance.
Whether you decide to pursue a contested or uncontested divorce will depend on your unique circumstances. While uncontested divorces are more cooperative, less stressful, and allow you to maintain greater control over the terms of your divorce, contested divorces may be necessary when there’s strong conflict between spouses or serious issues, such as abuse or hidden assets.
What Happens to The House Once You Get Divorced?
When you get divorced, the house that you shared with your partner during your marriage is viewed differently from your other, individual assets. Under Ontario’s Family Law Act (FLA), your house is referred to as the matrimonial home and has special status. This is because, regardless of whose name is on the title, both spouses have equal rights to possession during the marriage and when they separate.
Section 18(1) of the FLA defines a matrimonial home as every property in which either spouse has an interest and which is currently, or was at the time of separation, “ordinarily occupied by the person and his or her spouse as their family residence.” According to this definition, more than one property may qualify as a matrimonial home.
When it comes to the equalization of net family property upon your divorce, there are several options for the matrimonial home. You may choose to:
- Sell the home and divide the profit
- Choose one spouse to buy out the other’s share in the property
- Designate one spouse to keep the home temporarily (e.g., until children finish school)
- Defer the sale to a later date (this date may be outlined in your separation agreement)
Keep in mind that after transferring your legal interest in the property to your spouse, you should ensure that your name is also removed from any mortgage on the property. Regardless of how you decide to proceed, it’s important to remember that dealing with the matrimonial home can be one of the most complex parts of divorce. Acquiring legal guidance will ensure that your rights and interests are protected throughout the process.
What is Financial Disclosure?
When you get divorced, ensuring that both you and your spouse engage in complete financial disclosure is extremely important. Financial disclosure is the process where you and your spouse agree to exchange all information about your assets, debts, and income with each other. It is required by law to ensure that both parties negotiate the terms of their separation and divorce from a place of full transparency.
To adhere to financial disclosure requirements, you’ll need to declare assets and liabilities such as:
- Bank statements
- Tax returns (usually from the last 3 years)
- Pay stubs or proof of income
- RRSPs, pensions, and investments
- Real estate holdings
- Debts such as credit cards, loans, or lines of credit
- And more
During the divorce process, you’ll both typically need to fill out a Financial Statement (Form 13 or 13.1, depending on your circumstances). You’ll also need to attach supporting documentation to confirm the values you list in your statement are accurate.
If you fail to fully disclose your assets and liabilities, there may be serious consequences. If a court discovers that you have been dishonest, or that your declaration is incomplete, it can result in:
- Court penalties or cost orders
- Unfavourable outcomes in property or support decisions
- Delays in resolving your case
- Your divorce settlement being overturned (if your divorce was finalized prior to the error being discovered)
- And more
How Do I Start the Divorce Process in Ontario?
You are legally eligible to apply for a divorce under the Divorce Act in Canada if:
- You were legally married in Canada or in any other country; and
- You plan to permanently separate from your spouse with no intention of reconciling, or you have already separated and do not intend to reunite; and
- At least one of you has lived in Ontario for a minimum of one year immediately prior to filing.
Once your eligibility for a divorce in Ontario has been established, you may file an application for divorce along with supporting documentation. You will need to cite a reason for the breakdown of your marriage in your application. Reasons might include:
- Living separately for over a year with the idea that the marriage is over,
- Adultery, or
- Cruelty
Seeing as divorce in Ontario is no-fault, you do not need to prove that your spouse was at fault for such situations to proceed.
Although a lawyer is not required by law to initiate the divorce process, legal guidance is always strongly recommended. This is especially true in cases where children, substantial property, or disputes over support amounts exist. An experienced divorce lawyer will make sure you complete all documentation correctly, help you avoid delays, and represent you in court if conflicts arise.
Contact Our Toronto Divorce Lawyers
At Gelman & Associates, our diverse group of experienced divorce lawyers strives to provide clients with the information they require to make educated decisions. In addition to the extensive web-based resources available to our clients, all prospective clients are given a comprehensive family law kit during their initial consultation, with ample information and resources to help individuals understand and navigate the separation and divorce process. We also offer our clients a free consultation with a psychological professional.
To discuss your divorce, schedule a consultation with our divorce lawyers in Toronto today.
