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# Gelman & Associates

## Sitemaps
[XML Sitemap](https://lisagelman.com/sitemap_index.xml): Includes all crawlable and indexable pages.

## Posts
- [The “Year of Separation” in Ontario: Why the Exact Date Still Matters, Years Later](https://lisagelman.com/blog/the-year-of-separation-in-ontario-why-the-exact-date-still-matters-years-later/): When a marriage breaks down, couples often focus on the general practical questions: Where will each person live? What will happen to the children? How will the home be divided? Who will pay the bills?
- [New Partners and Spousal Support: When Does “Re-Partnering” Change the Numbers?](https://lisagelman.com/blog/new-partners-spousal-support-when-does-re-partnering-change-the-numbers/): When a former spouse enters a new relationship after separation, questions about spousal support often follow. It is not uncommon for a support payor to wonder whether their obligation should be reduced if their former spouse moves in with a new partner. Likewise, support recipients may be concerned that beginning a new relationship could jeopardize their entitlement to support.
- [Gelman and Associates 2026 Winners: Barrie Readers’ Choice Awards for Best Family Lawyers](https://lisagelman.com/blog/gelman-and-associates-2026-winners-barrie-readers-choice-awards-for-best-family-lawyers/): We are excited to announce that Gelman and Associates has been recognized as a Winner in the Barrie Readers’ Choice Awards, being recognized as Best Family Lawyers in Barrie. We are grateful to our clients, colleagues, and community members for their continued support and confidence in our team. We remain dedicated to helping clients navigate divorce, child custody, support, property division, and other family law matters with professionalism and care.
- [Handling Section 7 Expenses for Competitive Sports, Arts, and Other High-Cost Activities](https://lisagelman.com/blog/handling-section-7-expenses-for-competitive-sports-arts-and-other-high-cost-activities/): Many children participate in extracurricular activities such as competitive sports, dance, music lessons, and theatre programs, which support skill development, confidence and personal growth. However, these activities often involve significant expenses, including registration fees, equipment, travel costs, private coaching, competition fees, specialized training, and more.
- [What Are the Child Custody (Decision-Making Responsibility) Rights of Unmarried Parents in Ontario?](https://lisagelman.com/blog/what-are-the-child-custody-rights-of-unmarried-parents/): Many parents assume that being unmarried affects their parental rights. However, in Ontario, the law generally focuses on the best interests of the child rather than the parents' marital status. Whether parents were married, in a common law relationship, or never lived together, both may have important rights and responsibilities regarding their child.
- [Long-Distance Co-Parenting After Separation: Designing Realistic Parenting Schedules](https://lisagelman.com/blog/long-distance-co-parenting-after-separation/): When parents separate, maintaining a meaningful relationship between a child and both parents is often a primary objective. However, when one parent lives in a different city, province, or country, co-parenting can become complicated. Distance may affect parenting schedules, communication, travel arrangements, and decision-making responsibilities. A well-structured parenting plan can help minimize conflict, promote stability for children, and provide clear expectations for both parents.
- [How Narcissistic Exes Use Court Processes as a Weapon: Recognizing “Litigation Abuse” in Ontario Family Law](https://lisagelman.com/blog/how-narcissistic-exes-use-court-as-a-weapon-recognizing-litigation-abuse/): Family law proceedings are intended to provide a fair and structured process for resolving issues such as parenting arrangements, child support, spousal support, or property division. However, not every party uses the court system for its intended purpose.
- [Cancelling Child Support in Ontario: A 2026 Guide](https://lisagelman.com/blog/cancelling-child-support/): If you want to learn how to stop child support payments in Ontario, you should first understand what it is and what it is meant to cover. Child support is money paid by one parent to another as assistance for child care, which includes food, clothing, schooling, transportation, housing, and other basic needs. The Ontario child support guidelines govern the amount that needs to be paid.
- [Passport Applications for Children: What’s Different Post-Divorce?](https://lisagelman.com/blog/passport-applications-for-children-whats-different-post-divorce/): Many separated or divorced parents are surprised to discover that obtaining or renewing a child's passport is not as straightforward as renewing an adult passport. Questions frequently arise about whether both parents must consent, what documents are required, and what happens if one parent refuses to cooperate.
- [What to Expect at a Case Conference in an Ontario Divorce or Separation: A Step-by-Step Guide](https://lisagelman.com/blog/what-to-expect-at-a-case-conference-in-ontario/): Family law proceedings in Ontario are governed by the Family Law Rules and follow a structured court process designed to promote early and ongoing disclosure, narrow the issues in dispute, and encourage settlement, where appropriate. The process includes a series of procedural steps intended to resolve matters efficiently without the need for a contested motion or trial.
- [How Does Spousal Support Affect Taxes in Ontario?](https://lisagelman.com/blog/how-does-spousal-support-affect-taxes-in-ontario/): In Ontario, spousal support payments are governed by federal tax rules set out by the Canada Revenue Agency (CRA). Whether you are the payor or recipient, understanding how these rules apply will help you plan effectively and avoid unexpected tax consequences after a separation or divorce.
- [Short Marriages and Spousal Support: Are You Likely to Receive Anything?](https://lisagelman.com/blog/short-marriages-spousal-support-will-you-receive-anything/): When a marriage ends after only a few years, many people assume that neither spouse has any entitlement to spousal support. However, in Ontario family law, that's not necessarily the case. While support is less common in short-term marriages, entitlement is determined on a case-by-case basis rather than by any fixed rule tied to the length of the marriage.
- [Child Relocation for Separated Couples: Everything You Need to Know](https://lisagelman.com/blog/child-relocation-everything-you-need-to-know/): Child custody and access are often significant issues when parents separate or divorce. Today, this is also referred to as decision-making responsibility and parenting time. It becomes even more complicated when one parent wants to move further away from the other parent with a child they share.
- [Limited Scope Representation in Divorce: What It Is and When to Use It](https://lisagelman.com/blog/what-is-limited-scope-representation-in-divorce/): Divorce can often be a difficult and potentially expensive process, requiring careful navigation of legal, financial, and family matters. Many clients find themselves deciding which aspects of their case warrant professional legal assistance and which they can manage independently.
- [Separation Under One Roof: Proving You’re Separated While Still Living Together](https://lisagelman.com/blog/proving-youre-separated-while-living-together/): It is a common misconception that spouses must live in separate residences in order to be legally separated.
- [What Happens if Only One Spouse Wants a Divorce in Ontario?](https://lisagelman.com/blog/what-happens-if-only-one-spouse-wants-a-divorce-in-ontario/): Divorce is often a difficult and emotional process, and it can be even more complicated when only one spouse wants to end the marriage. In Ontario, the law provides clear procedures for obtaining a divorce even when your spouse does not agree.
- [The True Cost of Divorce in Ontario: Fees, Hidden Expenses, and Financial Risks](https://lisagelman.com/blog/the-true-cost-of-divorce-in-ontario/): Many people going through a separation in Ontario are surprised to learn that the true cost of divorce extends far beyond lawyer fees. Divorce can carry extensive and lasting financial consequences, ranging from immediate legal and professional expenses to ongoing risks associated with Ontario property division, support payments, and outstanding debt.
- [What Should I Bring to My Initial Divorce Consultation in Ontario?](https://lisagelman.com/blog/what-should-i-bring-to-my-initial-divorce-consultation/): Preparing for an initial divorce consultation can feel overwhelming, particularly if you are unsure what information your Toronto divorce lawyer will need or what to expect from the meeting. Many people worry that they must have every detail organized before speaking with a lawyer.
- [What Have I Done? Coping with Guilt During and After Divorce](https://lisagelman.com/blog/what-have-i-done-coping-with-guilt-during-and-after-divorce/): Many individuals experience a profound sense of guilt during or after divorce, often questioning whether they made the right decision or if they could have done more. While these feelings are normal, they can also cloud judgment, strain relationships, and make an already difficult legal process even more challenging.
- [Shared Parenting Time: What is the 40% Rule in Ontario and How Does it Affect Child Support?](https://lisagelman.com/blog/shared-parenting-time-40-percent-rule/): Shared parenting time has become increasingly common for separated and divorced parents in Ontario. Many families work hard to create parenting schedules that allow children to maintain strong, meaningful relationships with both parents. However, once parenting time starts to approach or exceed 40 percent with each parent, questions often arise about how this affects child support and whether the usual table amount still applies.
- [The Role of Financial Disclosure in Family Law Proceedings](https://lisagelman.com/blog/the-role-of-financial-disclosure-in-family-law-proceedings/): When navigating a separation or divorce, financial disclosure plays a critical role in ensuring fairness and transparency. In Ontario family law, disclosure is more than a formality; it is extremely important for negotiating property division, support, separation agreements, and more. Without complete and accurate disclosure, neither lawyers nor the courts can make informed decisions, leaving both parties vulnerable to disputes and unfair outcomes.
- [Non-Biological Parental Rights in LGBTQ+ Relationships](https://lisagelman.com/blog/non-biological-parental-rights-in-lgbtq-relationships/): Family structures across Ontario are diverse, including LGBTQ+ and blended families. In many families, non-biological parents play a significant role in children’s lives as they grow up. This is true whether you are a step-parent by marriage, your child was born via surrogate, or you have not obtained formal legal recognition of your parental role.
- [Are Foreign Divorce Orders Recognized in Ontario?](https://lisagelman.com/blog/are-foreign-divorce-orders-recognized-in-ontario/): In today’s globalized world, many couples separate or divorce while they’re living outside of Canada. When your family law matter involves court orders from outside the country, the legal process you have to navigate inevitably becomes more complex.
- [International Child Abduction: Legal Remedies & Prevention Tips](https://lisagelman.com/blog/international-child-abduction-legal-remedies-prevention-tips/): When you share children with a partner, navigating decision-making responsibility and parenting time (formerly custody and access) can be challenging. When children travel with a parent who doesn’t adhere to a decision-making responsibility arrangement, the situation can quickly become serious. In the context of family law, international child abductions happen when children are taken or kept out of the country by a parent who does not have the authority to do so. An abduction can occur when parents are separated, divorced, or even when they are still together.
- [High Debt Divorces & Liability](https://lisagelman.com/blog/high-debt-divorces-liability/): When it comes to divorce in Ontario, the equalization of net family property between you and your spouse will be a major component. When one spouse has large amounts of debt going into a divorce, the process of equalization can be affected significantly. As a result, high-debt divorces can often become complex.
- [Navigating Cultural and Religious Holidays in Multi-Faith Blended Families](https://lisagelman.com/blog/navigating-cultural-and-religious-holidays-in-multi-faith-blended-families/): In Ontario and across Canada, there’s an ever-growing number of blended, multi-faith families. When parents get divorced, step-parents are introduced, and step-children become part of larger families, group dynamics can get complicated. This is especially true when it comes to cultural and religious holidays celebrated by different members of a blended family.
- [Pre-Marriage Counselling and Legal Agreements: The Importance of Setting Expectations Early](https://lisagelman.com/blog/pre-marriage-counselling-and-legal-agreements-the-importance-of-setting-expectations-early/): When you and your partner are getting ready to marry, it can be an exciting time. Open communication and planning are a crucial part of any relationship at this stage. As you are preparing to enter into a marriage, having a shared understanding of your financial and personal expectations can make your partnership even stronger.
- [Parenting Plans for Children with Disabilities & Complex Care Needs](https://lisagelman.com/blog/parenting-plans-for-children-with-disabilities-complex-care-needs/): When you’re navigating a separation or divorce, creating a parenting plan can be one of the most important steps you take to protect your children. A parenting plan is a written document that outlines how parents will co-parent their children following their split. In Ontario, parenting plans are completely customizable and can be made legally enforceable with the help of a lawyer.
- [Temporary vs. Final Orders: Navigating Interim Family Court Decisions](https://lisagelman.com/blog/temporary-vs-final-orders-navigating-interim-family-court-decisions/): When you’re dealing with a family law matter in court, the court will issue an order when it comes to a decision about your case. A court order is a legally binding direction, issued by a judge, which orders a party (or parties) to do something or carry out certain actions. However, it can take months or even years to complete a trial and have a final court order issued. Sometimes, families might need a legally binding decision to take place sooner while they wait. This is where temporary orders come in–they help bridge the gap between the time that a court case begins and the time that the trial concludes and the court issues a final judgment.
- [Mediation, Arbitration, & Med-Arb: Choosing the Right Path for You](https://lisagelman.com/blog/mediation-arbitration-med-arb-choosing-the-right-path-for-you/): When you're navigating a family law matter, it can be challenging to figure out the right way to resolve it. Depending on the issue you're dealing with and your relationship to the people involved, there are multiple routes you can choose to take. In Ontario, family law disputes can be resolved through various alternative dispute resolution (ADR) methods, including mediation, arbitration, and med-arb.
- [The Influence of Social Services on Decision-Making Responsibility and Parenting Time in Ontario](https://lisagelman.com/blog/the-influence-of-social-services-on-decision-making-responsibility-and-parenting-time-in-ontario/): In Ontario, decision-making responsibility is the legal authority granted to one or both parents to make important decisions about their child's well-being when they separate or divorce. Related to decision-making responsibility is parenting time, which refers to the amount of time each parent is legally entitled to spend with their child. These concepts were formerly called custody and access, but have since been changed according to Canada's Divorce Act and the Children's Law Reform Act in Ontario.
- [Child Support When the Paying Parent is Self-Employed](https://lisagelman.com/blog/child-support-when-the-paying-parent-is-self-employed/): When you separate or divorce from a partner, the well-being of the children you share with them will often be your number one priority. Ontario law also prioritizes the best interests of the child when parents separate. For this reason, one or both parents will be legally ordered to pay child support to the other parent to ensure their child has sufficient financial resources. The parent who must pay and the amount they pay will vary based on the child's living situation and each parent's income.
- [Prenuptial Agreements for Second Marriages & Blended Families in Ontario](https://lisagelman.com/blog/prenuptial-agreements-for-second-marriages-blended-families-in-ontario/): Prenuptial agreements can be extremely helpful for couples planning to live together or get married, regardless of what stage of life they are in. Referred to as domestic contracts or marriage contracts (once legally married) in Ontario, prenuptial agreements set out rules for how you will resolve differences with another party if your marriage breaks down. In it, you are able to protect your assets or even outline expectations for spousal support after divorce.
- [Non-Disparagement Clauses in Separation Agreements in Ontario](https://lisagelman.com/blog/non-disparagement-clauses-in-separation-agreements-in-ontario/): When you’re going through a particularly rocky separation or divorce, conflict between you and your former spouse can get intense. When one person starts making disparaging comments or posts about the other, the process can get more complicated. This is especially true when you share children who may be subject to the negativity. Many individuals experiencing this might wonder: is there a way to stop a person from making disparaging comments once we’ve separated?
- [Spousal Support Changes: When & How to Modify Support Orders in Ontario](https://lisagelman.com/blog/spousal-support-changes-when-how-to-modify-support-orders-in-ontario/): Spousal support can have a large impact on your finances after you and your partner part ways. Spousal support is money paid by one spouse to another spouse after they separate or divorce. This payment is separate from any child support payment that may be required. The amount of money to be paid, and by whom, is normally determined by a spousal support order. Spousal support orders can be part of a court order, or may be incorporated into an agreement that you negotiate upon your separation. However, what happens when you want to change the amount of money you're paying in spousal support?
- [Dealing With Out-of-Province or Out-of-Country Assets in Divorce](https://lisagelman.com/blog/dealing-with-out-of-province-or-out-of-country-assets-in-divorce/): When you get a divorce in Ontario, you and your spouse must go through the process of equalizing your net family property (NFP) according to the Family Law Act. Net family property represents the difference between each spouse’s total assets and liabilities accumulated during the marriage, excluding certain exemptions. Assets considered in this calculation may include:
- [The Pros and Cons of “Bird’s Nest” Parenting Time Arrangements](https://lisagelman.com/blog/the-pros-and-cons-of-birds-nest-parenting-time-arrangements/): When parents separate or divorce, they normally begin living apart while children move back and forth between their new homes. But what if you want your children to continue living in one family home while you and your former partner switch out? This arrangement is called “bird’s nest parenting”, and has been a growing trend in Canada over the last few decades. Also sometimes referred to as “nesting”, bird’s nest parenting time arrangements allow families to provide stability for children during already tumultuous times of divorce.
- [Co-Parenting Tips for Halloween: A Legal Perspective](https://lisagelman.com/blog/co-parenting-tips-for-halloween-a-legal-perspective/): As Halloween approaches, children everywhere are eagerly anticipating picking out costumes, arranging trick-or-treating plans, and all sorts of spooky fun! However, for co-parents, this season can bring its own set of challenges, especially if you are a new co-parent learning to navigate legal agreements and shared responsibilities. Unlike other holidays such as Christmas, Halloween isn’t always considered a major holiday officially designated to one parent or the other.  But it is still a day that is important to children and parents alike. At Gelman and Associates, we understand the importance of making Halloween an enjoyable holiday for your child, while making sure both parents feel respected and informed of all decisions.  Here are some essential tips to help you tackle this Halloween season with ease, ensuring your child’s happiness is the priority, and honouring your co-parenting arrangement.
- [Equalization of Net Family Property](https://lisagelman.com/blog/equalization-of-net-family-property/): Although you and your partner are legally entitled to an equal share of the profits of your marriage when you separate or divorce, dividing assets is an intricate process. In Ontario, this division is referred to as the equalization of net family property and involves the assets and liabilities you and your partner have accumulated throughout your marriage. We spoke with family law lawyer Paul Slan from Gelman & Associates for more information about how equalization works in Ontario and how it affects property division during a separation or divorce.
- [What Assets Are Excluded From Net Family Property?](https://lisagelman.com/blog/what-assets-are-excluded-from-net-family-property/): When a couple decides to separate or divorce, in most cases, they are legally required to divide assets they accrued throughout their marriage by equalizing their net family properties. Determining the amount of assets included in your net family property will have a large impact on resulting equalization payments. However, there are certain assets an individual may acquire during their marriage that can be excluded from their net family property, thus lowering its total value.
- [Financial Challenges of a Grey Divorce](https://lisagelman.com/blog/financial-challenges-of-a-grey-divorce/): When you decide to get divorced, the process can be complicated. This may be particularly true if you decide to get a grey divorce later in life. In Canada, the average age for divorce has been steadily rising, partly because people are increasingly getting married at a later age. As individuals over 50 navigate the complexities of ending long-term marriages, they may face distinct financial hurdles, from dividing retirement savings to managing reduced incomes.
- [The Role of the Mediator in Family Mediation](https://lisagelman.com/blog/the-role-of-the-mediator-in-family-mediation/): When you are going through a separation, divorce, or other type of family dispute, agreeing with your former spouse can be difficult. Family mediation is a valuable tool for resolving conflicts between parents or former spouses, particularly when it comes to issues like separation agreements, decision-making responsibility, or parenting time. During the mediation process, an informed and experienced mediator can guide the conversation, help clarify points of contention, and encourage cooperation, with the ultimate goal of creating a solution that benefits your entire family.
- [The Impact of Separation and Divorce on Your Mental Health](https://lisagelman.com/blog/the-impact-of-separation-and-divorce-on-your-mental-health/): Separation or divorce can be a life-altering experience, often triggering intense emotional and psychological challenges. Whether it’s the end of a long-term relationship or the dissolution of a marriage, the impact on your mental health can be profound. Understanding the psychological effects of separation and divorce is crucial for healing and finding balance during this difficult transition.
- [Things to Consider in Parenting Plans During the Holidays](https://lisagelman.com/blog/things-to-consider-in-parenting-plans-during-the-holidays/): Creating a parenting plan that works well for parents and children can be challenging, especially during the holiday season. Balancing traditions, special occasions, and the unique needs of each family often requires careful thought and attention to detail. There are many important factors to consider when deciding your holiday parenting schedule. In doing so, you can ensure that the time children spend with each parent during the holidays is fair, consistent, and in their best interest.
- [The Difference Between Common-Law Partnership and Marriage in Canada](https://lisagelman.com/blog/the-difference-between-common-law-partnership-and-marriage-in-canada/): In Canada, common-law partnerships and marriages come with distinct legal differences that can significantly impact everything from property rights to spousal support. While both types of relationships involve shared lives and responsibilities, the legal frameworks that govern them in Ontario are different. Understanding these differences is crucial for couples planning their personal and financial futures.
- [Protecting Inheritance In Prenuptial and Marriage Agreements](https://lisagelman.com/blog/protecting-inheritance-in-prenuptial-and-marriage-agreements/): When a couple decides to marry, it is important for them to consider how their assets may be divided in the event of separation or divorce. In Ontario, assets like inheritances are treated uniquely under the Family Law Act (“FLA”) and are often protected during the equalization of net family property. However, marriage contracts can offer an extra layer of security for your property in the event of a divorce. Our inheritance lawyer in Toronto discusses more information about the significance of marriage agreements and how inheritances can be addressed in them.
- [Back-to-School: Managing Child Support and School-Related Expenses](https://lisagelman.com/blog/back-to-school-managing-child-support-and-school-related-expenses/): As the back-to-school season rolls around, parents everywhere are preparing for an academic year filled with new opportunities and challenges.  For some, this time of year means more than just shopping for supplies and a new school wardrobe – it also involves managing child support payments and budgeting for a range of additional school-related expenses.   From classroom supplies and field trips to extracurricular activities and sports equipment, the financial demands of this new year can add up quickly.  In this blog, we will break down how to prepare and manage these expenses, provide tips for budgeting and communicating with your co-parent with the goal in mind of setting up your child for a successful and happy school year.
- [Common Law Relationships & Division of Property in Ontario](https://lisagelman.com/blog/common-law-relationships-division-of-property-in-ontario/): When your relationship ends, it can be difficult to navigate your legal entitlements especially if a co-habitation agreement was not in place. Although common-law relationships are treated differently than marriages under Ontario law, property division is still a possibility. Although it's not automatically guaranteed, there are legal steps a common-law partner can take to divide property that accumulated throughout their relationship. A marriage and common law lawyer in Toronto with Gelman & Associates discusses more on the division of property for common-law couples in Ontario.
- [Child Support for Children Over 18](https://lisagelman.com/blog/child-support-for-children-over-18/): When children are involved in your separation, it can be complicated to figure out how parenting will work going forward. Once decision-making responsibility and parenting time for your child have been finalized, your next steps may involve determining what child support will look like. This process can be confusing, considering payments are subject to change and may even continue after a child turns 18. We asked family law lawyer Negin Sari from Gelman & Associates for more information about child support in Ontario and how it may apply to children over 18.
- [Keeping Gifts and Inheritances Separate from Joint Assets](https://lisagelman.com/blog/keeping-gifts-and-inheritances-separate-from-joint-assets/): When you and your partner decide to separate or divorce, the assets you accumulated throughout your marriage form your net family property and are be subject to equalization, with a few notable exceptions. However, assets deemed gifts or inheritances may be excluded from net family property so they are not divided. For this reason, appropriately protecting gifts or inheritances you received during your marriage can be extremely important. We spoke with our Toronto inheritance lawyers from Gelman & Associates for more information about keeping gifts and inheritances separate from joint assets.
- [What Are Exclusions From Net Family Property in Ontario in 2024?](https://lisagelman.com/blog/what-are-exclusions-from-net-family-property-in-ontario-in-2024/): The Family Law Act provides a framework for how assets and debt can get divided during a separation and/or divorce and is intended to make way for an equitable division of assets as well as providing financial security following the end of a relationship. This becomes especially important if there’s no marriage or cohabitation agreement in place. Before we dive into the exclusions from net family property in Ontario, let’s take a moment to review how net family property is calculated in 2024.
- [Navigating Cohabitation: What to Consider When Preparing a Cohabitation Agreement](https://lisagelman.com/blog/navigating-cohabitation-what-to-consider-when-preparing-a-cohabitation-agreement/): Today more than ever, couples are choosing to cohabitate before getting married or opting not to marry at all.  What is cohabitation?  Cohabitation is when two unmarried individuals are living together.  Cohabitation offers a number of benefits: financial benefits, shared responsibilities, partnership, and more.  In addition to some of the benefits, it also brings legal implications that should be well-thought-out and thoroughly discussed between both individuals before making the big move.  One important document that our Toronto marriage and common law lawyers often use to help clarify all expectations and protect both parties involved is a cohabitation agreement.
- [10 Things To Consider for a Parenting Plan](https://lisagelman.com/blog/10-things-to-consider-for-a-parenting-plan/): Establishing a parenting plan can help you avoid conflict and go the extra mile for your child after a separation or divorce. You and your partner may use a parenting plan to determine more exact details regarding timing, location, and contact than a typical decision-making responsibility or parenting time agreement may provide.
- [How are Pensions Affected During a Separation or Divorce in Ontario](https://lisagelman.com/blog/how-are-pensions-affected-during-a-separation-or-divorce-in-ontario/): Private pensions are a valuable component of retirement planning for many Canadians as they offer predictable income and financial security beyond the Canada Pension Plan CPP. In Ontario, private pensions hold significant value, making them complex assets to handle during divorce or separation proceedings. Here are some commonly asked questions from our clients during separation or divorce proceedings in Ontario.
- [Grandparents Obtaining Custody (Decision-Making Responsibility) Over Their Grandkids](https://lisagelman.com/blog/grandparents-obtaining-custody-decision-making-responsibility-over-their-grandkids/): The well-being of a child can be as important to a grandparent as it is to a mother or father. Although most cases dealing with access and decision-making responsibility (formerly custody) are brought by parents, a grandparent may also seek a parenting order. While Canadian law does acknowledge a grandparent's right to request access to a grandchild, final decisions will vary on a case-by-case basis. We asked family law lawyer Negin Sari from Gelman & Associates for more information about grandparents and their role in decision-making responsibility over grandchildren.
- [Understanding Parental Alienation in Ontario](https://lisagelman.com/blog/understanding-parental-alienation-in-ontario/): In Ontario, parental alienation is recognized as a serious concern that can negatively impact the parent-child relationship as well as the well-being of the child.  Alienating actions may be subject to legal consequences in Ontario, whether they have occurred deliberately or unintentionally in family law proceedings. Speaking to a family lawyer can help clarify what your rights are as a parent. Contact our Toronto child custody and access lawyers at Gelman & Associates today to learn more about how parental alienation may be affecting your family.
- [Financial Abuse in Separation and Divorce](https://lisagelman.com/blog/financial-abuse-in-separation-and-divorce/): Financial abuse is a serious matter and is recognized in Ontario as a form of family violence. Because it is not talked about as often as other forms of abuse, it can be hard to determine whether you have experienced it.
- [The Role of Mental Health Professionals in Family Law Cases](https://lisagelman.com/blog/the-role-of-mental-health-professionals-in-family-law-cases/): Not only can the stress of settling a divorce, separation, or parenting time negatively affect mental health, but pre-existing mental health conditions can play a critical role in family law cases. At Gelman & Associates, our lawyers can assist with family law cases and additional challenges introduced by mental health concerns. Contact us today to schedule a consultation.
- [Can a Child Choose Which Parent to Live With in the Event of a Separation or Divorce?](https://lisagelman.com/blog/can-a-child-choose-which-parent-to-live-with-in-the-event-of-a-separation-or-divorce/): There is a common misconception among separating parties that, when their children are “old enough,” they will be able to decide which parent to live with. Well – this is not exactly how it works.
- [An Overview of the FRO](https://lisagelman.com/blog/an-overview-of-the-fro/): The Family Responsibility and Support Arrears Enforcement Act is the Statutory Authority that provides the FRO the legislative powers to enforce child and spousal support Court Orders and Separation Agreements that include child and /or spousal support provisions.
- [Bitcoin Breakups: Dividing Digital Assets](https://lisagelman.com/blog/bitcoin-breakups-dividing-digital-assets/): Navigating a separation or divorce can be emotionally and mentally difficult for all involved. Dividing assets is challenging enough before you consider the added complexities related to digital assets.
- [Tips on How to Minimize Conflict During a Separation or Divorce for High-Conflict Divorces](https://lisagelman.com/blog/tips-on-how-to-minimize-conflict-during-a-separation-or-divorce-for-high-conflict-divorces/): Every case requires a unique and personalized approach to minimizing conflict during a separation or divorce. Some matters have a conflict that derives from differing parenting styles, whereas other cases have issues such as suspected alienation that may be the driving force of the conflict. Each issue has a unique solution that should be explored, depending on the counsel's recommendation and the parties’ consent. The first step to minimizing conflict is recognizing the specific conflict and catering a unique approach to address the individualized conflict. Conflict that derives from differing parenting styles often requires child-focused communication between the parties, whereas conflict stemming from financial issues may be better addressed by professional valuators or through mediation/Alternative Dispute Resolution. At Gelman & Associates, we have a thorough screening to examine each individual case for high conflict and recommend certain approaches based on suitability.
- [Mental Health and Family Law](https://lisagelman.com/blog/mental-health-and-family-law/): Discussions surrounding mental health have become increasingly common and while this has helped to reduce stigma, it has not gone away completely. However, it is an important topic for many people involved in a family law matter.
- [Same Sex Divorce and Separation in Ontario](https://lisagelman.com/blog/same-sex-divorce-and-separation-in-ontario/): With the passing of The Civil Marriages Act in 2005, same sex marriage was finally legalized in Canada.
- [Finding a Spouse’s Hidden Assets in a Divorce](https://lisagelman.com/blog/finding-a-spouses-hidden-assets-in-a-divorce/): Undergoing a separation or divorce can impact all areas of your life. From your mental health to your family’s day-to-day activities, the process has the potential to cause a lot of stress. Emotions can get in the way, sometimes making these proceedings more difficult than one may have initially anticipated.
- [Parental Alienation & Parenting Plans](https://lisagelman.com/blog/parental-alienation-parenting-plans/): If you believe your ex-spouse may be trying to alienate your child or children from you, you are likely very stressed and you might be wondering how to address it without creating even more conflict. The severity of parental alienation and the impact varies widely as do the approaches required depending on the circumstances and level of severity. One way of attempting to reduce or prevent parental alienation early on is through incorporating terms in a parenting plan which provide clear guidelines and guard rails to both parents for expectations regarding their co-parenting relationship and their relationship with the child or children as everyone learns to navigate parenting while separated.
- [What Happens When One Parent Wants To Relocate to a New Location With the Child After a Separation or Divorce?](https://lisagelman.com/blog/what-happens-when-one-parent-wants-to-relocate-to-a-new-location-with-the-child-after-a-separation-or-divorce/): Many parents do not realize that the community that your child(ren) are born into and are raised to be a part of, whether geographical or social, can play a significant role in parenting issues following the separation and/or divorce of parties, particularly when one party makes the decision to move with the children in tow. This is an issue our Toronto child custody lawyers frequently see, even when the parties have already negotiated a Separation Agreement or have a Final Order.
- [Tips on How To Address Holidays and Special Occasions in Parenting Plans](https://lisagelman.com/blog/tips-on-how-to-address-holidays-and-special-occasions-in-parenting-plans/): Often when parents separate they are more focused on the immediate  “regular” day to day parenting schedule with their children during the school year.   The parents end up spending considerable amount of time,  energy and legal fees negotiating a parenting plan that sets out the “regular schedule” when the children are to be with each parent, such as a week about rotation, or 2-5-5 or 2-3-3 parenting schedule, that the parents tend to overlooked the entire calendar year and forget to consider the parenting schedule when the children are off school such as  Long Weekends, School Breaks, Holidays, Summer Vacation and Special Days.
- [The Enforceability and Application of Religious Marriage Contracts Upon Dissolution of Marriage in Ontario](https://lisagelman.com/blog/the-enforceability-and-application-of-religious-marriage-contracts-upon-dissolution-of-marriage-in-ontario/): The Parallels: The Enforceability and Application of Religious Marriage Contracts Upon Dissolution of Marriage in Ontario
- [Are 50/50 Asset and Property Splits Guaranteed During a Divorce or Separation?](https://lisagelman.com/blog/are-50-50-asset-and-property-splits-guaranteed-during-a-divorce-or-separation/): Among couples that undergo a divorce or separation, the division of property varies case to case. While some couples may decide on an equal 50/50 division of property, others may create a more customized structure that works best for their unique circumstances.
- [Ontario Superior Court’s Decision on Unsupervised Parenting Time: A Controversial Ruling?](https://lisagelman.com/blog/ontario-superior-courts-decision-on-unsupervised-parenting-time-a-controversial-ruling/): In a ruling that stirs debate about balancing child safety and parental rights, the Ontario Superior Court of Justice granted unsupervised parenting time to Christopher Hunt, a father previously convicted of assaulting his daughter. This decision, stemming from the case Hunt v. Hunt (2023 ONSC 5411), highlights the complexities and challenges inherent in family law, particularly in situations involving past instances of violence.
- [Equalization of Property during a Divorce: How Does it Work in Ontario?](https://lisagelman.com/blog/equalization-of-property-during-a-divorce-how-does-it-work-in-ontario/): What You Should Know about the Equalization of Property in a Divorce
- [Discussing Child Access and Safety Planning During Domestic Violence Cases in Ontario](https://lisagelman.com/blog/discussing-child-access-and-safety-planning-during-domestic-violence-cases-in-ontario/): We asked Evan Clemence, family lawyer at Gelman & Associates, some commonly asked questions about safety planning for survivors of domestic violence in Ontario. Please be advised that these answers are not intended as legal advice, but rather as an introductory overview on a legal subject. For legal advice regarding safety planning for survivors of domestic violence in Ontario, we recommend consulting with an Ontario family lawyer.
- [Understanding Pet Ownership Laws in Ontario During a Separation or Divorce](https://lisagelman.com/blog/understanding-pet-ownership-laws-in-ontario-during-a-separation-or-divorce/): The emotional turmoil that comes with a separation or divorce can be heightened when one’s cherished pets are involved. This is especially true when it is unclear who will maintain custody of the pet. Disputes over pet ownership are not technically considered ‘custody’ disputes at all. Instead, it becomes a property dispute.
- [Exploring the Impact of Divorce on Children](https://lisagelman.com/blog/exploring-the-impact-of-divorce-on-children/): We spoke with Claire McDowell, a family lawyer with Gelman & Associates, about the impact of divorce on children.  Please note that this article is intended as an overview on a subject in family law, and is not intended as legal advice. For legal advice regarding matters of divorce, we recommend you schedule a consultation with an Ontario family lawyer. Contact us to schedule a consultation with Gelman & Associates today.
- [How do Religious Differences Impact Family Law Proceedings?](https://lisagelman.com/blog/how-do-religious-differences-impact-family-law-proceedings/): We asked Evan Clemence, family lawyer at Gelman & Associates, some commonly asked questions about how religious differences impact family law proceedings in Ontario. Please be advised that these answers are not intended as legal advice, but rather as an introductory overview on a legal subject. For legal advice regarding how religious differences impact family law proceedings in Ontario, we recommend consulting with an Ontario family lawyer. Contact us to schedule a consultation with Gelman & Associates today.
- [How to Modify Existing Decision-Making Responsibility or Support Orders in Ontario](https://lisagelman.com/blog/how-to-modify-existing-decision-making-responsibility-or-support-orders-in-ontario/): We spoke with Gabrielle Pop-Lazic, a Senior Lawyer with Gelman & Associates, on the subject of how to modify existing decision-making responsibility or support Orders in Ontario.  Please note that this article is intended as an overview on the subject of family law, and is not intended as legal advice. For legal advice regarding decision-making responsibility or support Orders in Ontario, including how to modify them, we recommend you schedule a consultation with our decision-making responsibility and custody lawyers in Toronto. Contact us to schedule a consultation with Gelman & Associates today.
- [Understanding Narcissistic Exes and How to Navigate Legal Challenges](https://lisagelman.com/blog/understanding-narcissistic-exes-and-how-to-navigate-legal-challenges/): The following is meant as an introductory overview with legal information, not legal advice. If you are in Ontario and are seeking legal advice with respect to your matter, please contact our Toronto narcissistic ex divorce lawyers to set up a consultation appointment.
- [What To Do If Your Ex-Spouse Is Not Following a Custody or Access Order](https://lisagelman.com/blog/what-to-do-if-your-ex-spouse-is-not-following-a-custody-or-access-order/): We spoke with Gabrielle Pop-Lazic, a lawyer with Gelman & Associates, on the subject of what to do if your ex-spouse is not following a custody or access order.  Please note that this article is intended as an overview on the subject of family law, and is not intended as legal advice. For legal advice regarding Court Orders regarding parenting time, decision-making responsibility, contact, and other family law matters in Ontario, we recommend you schedule a consultation with an Ontario family lawyer. Contact us to schedule a consultation with Gelman & Associates today.
- [What Happens When You Go to Court During a Divorce](https://lisagelman.com/blog/what-happens-when-you-go-to-court-during-a-divorce/): We asked Evan Clemence, a family law lawyer at Gelman & Associates, what happens when you go to Court during a divorce in Ontario. Please be advised that these answers are not intended as legal advice, but rather as an introductory overview on a legal subject. For legal advice regarding the divorce process in Ontario, we recommend consulting with an Ontario family law lawyer. 
- [What to Do If Your Ex-Spouse Is Not Complying with Court Orders Regarding the Children](https://lisagelman.com/blog/what-to-do-if-your-ex-spouse-is-not-complying-with-court-orders-regarding-the-children/): We spoke with Gabrielle Pop-Lazic, a lawyer with Gelman & Associates, on the subject of what to do if your ex-spouse is not complying with Court Orders regarding the children.  Please note that this article is intended as an overview on the subject of family law, and is not intended as legal advice. For legal advice regarding Court Orders regarding parenting time, child support, or any other family law matter in Ontario, we recommend you schedule a consultation with an Ontario family lawyer. Contact us to schedule a consultation with Gelman & Associates today.
- [Navigating Separation with an Unwilling Spouse](https://lisagelman.com/blog/navigating-separation-with-an-unwilling-spouse/): By: Claire McDowell
- [What Is the Difference Between Settling Out of Court vs. Going to Court for a Divorce?](https://lisagelman.com/blog/what-is-the-difference-between-settling-out-of-court-vs-going-to-court-for-a-divorce/): We asked Evan Clemence, family law specialist lawyer at Gelman & Associates, some commonly asked questions about the divorce process in Ontario. Please be advised that these answers are not intended as legal advice, but rather as an introductory overview on a legal subject. For legal advice regarding the divorce process in Ontario, we recommend consulting with an Ontario family lawyer. 
- [Collaborative Divorce: How to Make Your Separation Easier in Ontario](https://lisagelman.com/blog/collaborative-divorce-how-to-make-your-separation-easier-in-ontario/): We asked Paul Slan, a lawyer and the Director of Professional Development at Gelman & Associates, some commonly asked questions about collaborative divorce in Ontario. Please be advised that these answers are not intended as legal advice, but rather as an introductory overview on a legal subject. For legal advice regarding collaborative divorce in Ontario, we recommend consulting with a Toronto collaborative family law lawyer.
- [How Domestic Violence Impacts Family Law Proceedings in Ontario](https://lisagelman.com/blog/how-domestic-violence-impacts-family-law-proceedings-in-ontario/): We asked Evan Clemence, family law lawyer at Gelman & Associates, some commonly asked questions about family law proceedings in Ontario. Please be advised that these answers are not intended as legal advice, but rather as an introductory overview on a legal subject. For legal advice regarding family law proceedings in Ontario, we recommend consulting with a Toronto domestic violence lawyer. Contact us today to schedule a consultation about your particular case.
- [The Importance of Creating a Parenting Plan During a Divorce or Separation](https://lisagelman.com/blog/the-importance-of-creating-a-parenting-plan-during-a-divorce-or-separation/): We asked Paul Slan, a lawyer and the Director of Professional Development at Gelman & Associates, some commonly asked questions about creating a parenting plan during a divorce or separation in Ontario. Please be advised that these answers are not intended as legal advice, but rather as an introductory overview on a legal subject. For legal advice regarding dispute resolution services in Ontario, we recommend consulting with an Ontario family lawyer. Contact us to schedule a consultation with Gelman & Associates today.
- [An Overview of Procedural Fairness in Family Law](https://lisagelman.com/blog/an-overview-of-procedural-fairness-in-family-law/): We asked Evan Clemence, family law lawyer at Gelman & Associates, some commonly asked questions about procedural fairness in family law cases in Ontario. Please be advised that these answers are not intended as legal advice, but rather as an introductory overview on a legal subject. For more information regarding procedural fairness in family law cases in Ontario, contact us today and schedule your consultation with an Ontario family lawyer.
- [An Overview of Alternative Dispute Resolution Services in Family Law in Ontario](https://lisagelman.com/blog/an-overview-of-alternative-dispute-resolution-services-in-family-law-in-ontario/): We asked Paul Slan, a lawyer & the Director of Professional Development at Gelman & Associates, some commonly asked questions about alternative dispute resolution services in Ontario. Please note that these answers are not intended as legal advice but rather as an introductory overview of a legal subject. For legal advice regarding dispute resolution services in Ontario, we recommend you contact us to schedule a consultation with one of our Ontario family lawyers.
- [Travelling with Children: Understanding Parental Consent Forms and Child Passport Applications](https://lisagelman.com/blog/travelling-with-children-understanding-parental-consent-forms-and-child-passport-applications/): Travelling with children can be an exciting and enriching experience, allowing families to create lasting memories and explore new horizons together. However, amidst the excitement, it is crucial to be aware of the legal considerations and requirements that accompany travelling with minors. Parental consent forms and child passport applications play a pivotal role in ensuring the safety and well-being of children during international travel. In this blog post, we will delve into the significance of these documents and provide valuable guidance on navigating the travel process effectively.
- [Changes to Decision-Making Responsibility and Parenting Time in Ontario](https://lisagelman.com/blog/changes-to-decision-making-responsibility-and-parenting-time-in-ontario/): We asked Gabrielle Pop-Lazic, a lawyer with Gelman & Associates, some commonly-asked questions about changes surrounding decision-making responsibility and parenting time in Ontario. Please note that this overview is intended as an introductory look into a legal subject, and is not intended as legal advice. If you are seeking legal advice regarding decision-making responsibility and parenting time or another family law matter, we recommend booking a consultation with an Ontario family law lawyer.
- [Creating a Parenting Plan in Ontario: A Guide to Decision-Making Responsibility, Parenting Time, and Contact](https://lisagelman.com/blog/creating-a-parenting-plan-in-ontario-a-guide-to-decision-making-responsibility-parenting-time-and-contact/): When going through a separation or divorce in Ontario, it's crucial to prioritize the well-being of your children and establish a parenting plan that promotes their best interests. The Ontario legal system has recognized the importance of using updated terminology, shifting from "child custody" to "decision-making responsibility and parenting plan" to reflect a more child-centred approach. In this blog, we will guide you through the process of creating a comprehensive parenting plan that aligns with the updated terminology and helps foster a positive co-parenting relationship.
- [An Overview of the Child’s Best Interests in Family Law](https://lisagelman.com/blog/an-overview-of-the-childs-best-interests-in-family-law/): We spoke with Gabrielle Pop-Lazic, a Toronto family lawyer with Gelman & Associates, on the subject of the child's best interests in family law in Ontario.  Please note that this article is intended as an introductory overview, and not intended to be taken as legal advice. For legal advice regarding a child's best interests with respect to decision-making responsibility and parenting time, we recommend booking a consultation with an Ontario family law lawyer.
- [How do Family Adoptions Work in Ontario?](https://lisagelman.com/blog/how-do-family-adoptions-work-in-ontario/): We asked Paul Slan, lawyer and Director of Professional Development at Gelman & Associates, some commonly-asked questions about family adoptions in Ontario. Please be advised that these answers are not intended as legal advice, but rather as an introductory overview on a legal subject. For legal advice regarding family adoption in Ontario, we recommend consulting with a Toronto adoption lawyer.
- [Ask A Family Lawyer with Lisa Gelman: Separation in Ontario](https://lisagelman.com/blog/ask-a-family-lawyer-with-lisa-gelman-separation-in-ontario/): We asked Lisa Gelman, founder of Gelman & Associates, some commonly asked questions with regards to the separation process in Ontario. Please note that the answers are not intended to act as legal advice. These answers are intended to be a general overview on a legal topic. For more specific answers as they relate to your separation or divorce matters in Ontario, we recommend you consult with a family law lawyer.
- [How Does a Business Get Divided During a Divorce in Ontario?](https://lisagelman.com/blog/how-does-a-business-get-divided-during-a-divorce-in-ontario/): We spoke with Lisa Gelman, founder of Gelman & Associates, about the process of dividing a business during a divorce in Ontario. For over 20 years, the Toronto business owner and entrepreneur lawyers at Gelman & Associates have been helping individuals with family law matters.
- [An Overview of the Divorce and Separation Process in Ontario](https://lisagelman.com/blog/an-overview-of-the-divorce-and-separation-process-in-ontario/): We often hear from our clients that ending their relationship and/or a marriage is one of the hardest challenging times that they have ever faced in their life. Whether you have jointly decided to get divorced or one partner is unwilling, the process can be emotional, complicated, and consequential. It's so important to make sure that your voice is heard and that you are protected – you want to protect your rights. This is where our team of family lawyers can help.
- [Things to Consider When Filling Your Divorce Application in Ontario](https://lisagelman.com/blog/things-to-consider-when-filling-your-divorce-application-in-ontario/): Written by: Carolyn Chambers 
- [Can Spouses Be Awarded Damages for Spousal Abuse and/or Domestic Violence During a Marriage?](https://lisagelman.com/blog/can-spouses-be-awarded-damages-for-spousal-abuse-and-or-domestic-violence-during-a-marriage/): Written by: Annette Nyland 
- [What is an Uncontested Divorce?](https://lisagelman.com/blog/what-is-an-uncontested-divorce/): Written by: Jessica Lipton 
- [Here’s What You Need to Know About Child Relocation](https://lisagelman.com/blog/heres-what-you-need-to-know-about-child-relocation/): Relocating with or without your child is not as simple as packing your bags and leaving. Relocation cases are some of the most difficult cases to predict how a Court will decide, as ultimately, the consideration for the court is whether the relocation is in the child's best interests. The court will consider a variety of factors, including the reasons for relocation and the impact of the relocation on the child.
- [How does adultery get proven during divorce proceedings?](https://lisagelman.com/blog/how-does-adultery-get-proven-during-divorce-proceedings/): In Canada, the breakdown of a marriage as a basis for divorce can be established in 3 different ways according to the Divorce Act. First, it can be proven by establishing that the spouses have lived separate and apart for one year. Second, if one spouse has committed adultery. Third, if physical or mental cruelty took place during the relationship and can be proven. Regardless of the grounds for divorce, a divorce is only final when a judge grants you a divorce order.
- [What is the difference between a separation and divorce in Ontario?](https://lisagelman.com/blog/what-is-the-difference-between-a-separation-and-divorce-in-ontario/): In Ontario, a separation is when two people who have been living together as either married or common-law decide to end their relationship and live apart. However, in some instances the two individuals may not necessarily need to live in separate dwellings. The courts recognize that due to financial reasons, a couple may be considered separated even if they are living under the same roof and there are conditions that need to be met in this instance.
- [Protecting Your Mental Health Through Divorce](https://lisagelman.com/blog/protecting-your-mental-health-through-divorce/): Divorce is a taxing process – emotionally, physically, financially, and socially.   No matter the reason for the divorce or the state of your relationship with your ex, your entire world has likely been turned upside down and there is no point in pretending you are going to feel normal at this time.  Doing your best to take care of yourself both physically and emotionally will do wonders for your mental health during and after your divorce.
- [Understanding Unjust Enrichments and Constructive Trusts](https://lisagelman.com/blog/understanding-unjust-enrichments-and-constructive-trusts/): Divorce and the division of assets are anything but simple. While Ontario law requires that assets be distributed equitably, there are cases in which one spouse is the legal title holder of a piece of property that ends up benefiting them unfairly as a result. In these cases, courts turn to an equitable remedy in the law called a constructive trust which is designed to remedy a situation in which someone was wronged.
- [What Does Child Support Cover in Ontario?](https://lisagelman.com/blog/what-does-child-support-cover-in-ontario/): All parents are required to provide financial support to their children. This obligation applies to all parents, whether they are married, in a relationship, or separated. All parents are also required to support their children, whether or not they live with them, and regardless of whether they have regular contact.
- [How Long Do You Have to Pay Child Support in Ontario](https://lisagelman.com/blog/how-long-do-you-have-to-pay-child-support-in-ontario/): Child support is an obligation of every parent.  Choosing to marry your child’s other parent is a personal choice, but you are required to provide financial support to your children regardless of your marital status.   Ontario law sets out Child Support Guidelines that provide a set of rules and charts to calculate the amount of support required to be paid by each parent.   
- [Which Parent Gets Decision-Making Responsibility and Why](https://lisagelman.com/blog/which-parent-gets-decision-making-responsibility-and-why/): Decision-making responsibility (formerly referred to as “custody”) is the right to make important decisions about how your child is raised and cared for.  These decisions include those about the child’s education, medical care, religion, extra-curricular activities, and other important matters affecting the child’s life.  
- [How to Cope with a Narcissistic Ex](https://lisagelman.com/blog/how-to-cope-with-a-narcissistic-ex/): You may have gone into your divorce believing that you would be free of your narcissistic partner.  Unfortunately, that is not always the way things happen, and your ex's behaviour may not stop simply because you are now divorced.  This is especially true if you have children in common and therefore must continue to communicate.
- [When Is Spousal Support Appropriate? What It All Means](https://lisagelman.com/blog/when-is-spousal-support-appropriate-what-it-all-means/): Spousal support is a monetary payment that one spouse may be ordered to pay the other for their financial support at the end of a marriage or relationship involving long-term cohabitation.  The payment may be either a lump sum or periodic payments and it is generally sought by the lower-earning spouse - although it is not an automatic right of one spouse or another.  However, if a spouse can demonstrate that they have either a financial need that arose from the marriage or its breakdown, entitlement to compensation because of the marriage, or a contract between themselves and their spouse that includes a support obligation, they may be entitled to spousal support.
- [Best Ways to Reduce Legal Fees During a Divorce](https://lisagelman.com/blog/best-ways-to-reduce-legal-fees-during-a-divorce/): If there is one thing that divorcing parties can usually agree on, it’s that divorce is expensive.  This unfortunate truth is well known to family law lawyers and their clients, but there are ways to reduce legal fees during your divorce.  
- [A Guide to Deciding Who Will Move Out When You Separate](https://lisagelman.com/blog/a-guide-to-deciding-who-will-move-out-when-you-separate/): Divorce is a part of life in the 21st century.  In fact, 1 in 5 Canadians reported that their parents are divorced or separated.  Divorce is so common in today’s world that a fair and common-sense approach to the divorce process that includes providing for support, creating a parenting plan, as well as the division of assets, such as the marital home, benefits not only married couples, but society as a whole.  This article aims to provide some guidance on what to do with the matrimonial home when you are going through a separation or divorce. 
- [High Net-Worth Separation & Divorce Lawyers](https://lisagelman.com/blog/high-net-worth-separation-and-divorce/): Divorce is notorious for being one of the most difficult times in a person's life. The process is emotionally taxing and rarely simple. Unfortunately, the division of assets process can be more complicated when a wealthy couple chooses to divorce. High-net-worth individuals should seek the counsel of a family law lawyer who is experienced in handling high-net-worth divorces. This article aims to provide basic knowledge about high-net-worth separation and advice about where to turn for assistance.
- [Temporary Parenting (Formerly Custody) Orders: How Long do They Last in Divorce?](https://lisagelman.com/blog/temporary-parenting-formerly-custody-orders-how-long-do-they-last-in-divorce/): Divorce is often a distressing and emotionally taxing experience.  Unfortunately, when children are involved, divorcing parties cannot simply walk away from one another and never look back.  Separating from a co-parent means that you can never truly be disconnected from your former spouse, and you must find a way to move forward with the best interests of your children in mind.
- [Preventing Parental Alienation](https://lisagelman.com/blog/preventing-parental-alienation/): Children of divorced or divorcing parties may be exposed to some form of Parental Alienation. One parent (or sometimes a third party in a child’s life) may attempt to undermine an in-tact parent-child relationship and turn a child against the other parent.  The practice is often seen when there are disputes between parents about decision-making responsibility and parenting.  The alienated parent may feel helpless to combat the assault on their relationship with their child, but there are actions you may take both in your own home as well as through Ontario’s legal system with the help of a compassionate and experienced family lawyer.
- [The Difference Between Prenuptial Agreement, Marriage Contract and Cohabitation Agreement](https://lisagelman.com/blog/the-difference-between-prenuptial-agreement-marriage-contract-and-cohabitation-agreement/): Whether you're getting married or planning on moving in with your partner, having a contract in place can save you stress and hardship in the future should your relationship end. Planning for divorce or separation isn't romantic, but it is important for your future emotional and financial wellbeing.
- [Divorcing From a Narcissist](https://lisagelman.com/blog/divorcing-from-a-narcissist/): The process of a divorce is never easy. Not on you, not on your spouse, and of course, not on your children. This is true even with the simplest of situations, such as an uncontested divorce where the former spouses remain on the same page throughout the process. With that said, sometimes divorce is indeed the only option. And when your spouse is a narcissist, the entire process can be even more stressful. They may try to inflict emotional or psychological harm, or even try to affect your finances through litigation abuse. If you have been subject to this type of behaviour during your separation, our Toronto narcissistic ex lawyers for divorce may be able to assist. Here is what you need to know about narcissism and divorce.
- [What Happens When You Void a Cohabitation Agreement](https://lisagelman.com/blog/what-happens-when-you-void-a-cohabitation-agreement/): If you’re in a common-law relationship, you’ll need to protect your rights during the relationship and even after it ends. This is especially important since common-law partners don’t have the same protections as married couples under the law, or more specifically, the Family Law Act in Ontario. 
- [How Children Are Affected in a New Marriage](https://lisagelman.com/blog/how-children-are-affected-in-a-new-marriage/): Children undergo many changes in their lives that can have a profound impact on their development and psyche. Events such as going to school for the first time, the death of a pet, moving to a new city, or even puberty can be traumatic.
- [Reopening a Family Law Trial](https://lisagelman.com/blog/reopening-a-family-law-trial/): Some family law cases proceed without a hitch. The court expects all parties to complete their case before the decision-making process. 
- [Parenting Plan](https://lisagelman.com/blog/parenting-plan/): Having a detailed parenting plan has a huge impact on your future co-parenting relationship and your children’s lives. A parenting plan is useful because it prepares you and your ex-partner for future disagreements.
- [Understanding Prenups from a Businessperson’s Perspective](https://lisagelman.com/blog/understanding-prenups-from-a-businesspersons-perspective/): A prenup is always a controversial topic to bring up when discussing marriage. It typically puts a damper on the excitement. It also brings forth issues of trust that might make your future spouse think you believe the marriage will not work out.
- [Property Settlement](https://lisagelman.com/blog/property-settlement/): After a divorce, one of the most common questions you'll ask is, “Who gets what?” Divorce can be a taxing process on its own, but if you add the challenge of figuring out a property settlement, the process can be much more difficult.
- [Parent Visitation Rights](https://lisagelman.com/blog/parent-visitation-rights/): In divorce proceedings, the court usually awards child custody to one of the parents. This limits the other parent to only having visitation rights. 
- [Parental Child Abduction](https://lisagelman.com/blog/parental-child-abduction/): A contentious relationship between spouses or partners after divorce or separation can often lead to getting back at each other. In cases where there are children involved, custody usually becomes the focus of disagreements. While most parents choose to battle it out in court, some will simply take the child or children and hide them from the other parent.
- [Things to Consider When Writing a Separation Agreement](https://lisagelman.com/blog/things-to-consider-when-writing-a-separation-agreement/): Writing a separation agreement is the farthest from your mind during your wedding. But, getting separated is one of the possibilities that couples may face these days.
- [Grandparents’ Rights in Canada: An Overview](https://lisagelman.com/blog/grandparents-rights-in-canada-an-overview/): The bond between grandparents and grandkids is a special one. When the relationship is good, grandparents can even enjoy a co-parenting role. They can assist parents with childcare and help provide emotional and financial assistance. In a growing number of households across Canada, grandparents are part of a multigenerational home or are even primary caregivers for their grandchildren.
- [5 Costly Mistakes to Avoid During a Divorce](https://lisagelman.com/blog/5-costly-mistakes-to-avoid-during-a-divorce/): The process of getting a divorce can be taxing in several ways, starting from the time you first consider making that choice for yourself and your family. Emotionally, this is a life choice that can be quite draining. Another way you could find yourself drained is financially, and today we’re here to walk you through five of the costliest mistakes you should avoid during the divorce process.
- [Foreign Divorce Opinion Letter and What It Does](https://lisagelman.com/blog/foreign-divorce-opinion-letter-and-what-it-does/): If you or your current partner previously had a divorce from a former marriage and the divorce was done outside Canada, you will be needing a Foreign Divorce Opinion Letter before you can marry each other in Ontario, Canada.
- [Impact of Divorce on Family Business](https://lisagelman.com/blog/impact-of-divorce-on-family-business/): Divorce and business ownership are probably two of the things that are farthest from the minds of couples who recently got married. However, if you and your spouse are running a business together, you need to learn how to protect your business from divorce. This is a practical move that will prevent problems in the future. This will not just protect your interests and that of your spouse, but also of the employees and other business partners you may have.
- [5 Signs Your Spouse is a Narcissist](https://lisagelman.com/blog/5-signs-your-spouse-is-a-narcissist/): It's a story heard far too often – the relationship was a dream until the marriage, and then the true colours started to appear. Sometimes this can refer to simple things such as tidiness, leaving cabinet doors open, not separating the laundry, or leaving the bathroom light on. Other times, far more serious personality issues come through after the nuptials. Then you can feel stuck, feel you have nowhere to turn and no way out of your situation.
- [Questions to Ask Yourself if You’re Considering Adoption](https://lisagelman.com/blog/questions-to-ask-yourself-if-youre-considering-adoption/): Adoption of older children is in high demand in Canada. It's an excellent method to start or expand your family. You'll be working closely with private adoption practitioners or an agency if you consider a private adoption.
- [Common Questions About Property Division During a Divorce](https://lisagelman.com/blog/common-questions-about-property-division-during-a-divorce/): Going through a divorce is an emotionally stressful time for both spouses and even their children. A lot of stress is expected during the divorce; that is why having proper guidance and assistance from trusted professionals can take away some of the burdens.
- [Benefits of a Marriage Contract](https://lisagelman.com/blog/benefits-of-a-marriage-contract/): A marriage contract in Canada could mean two things. First, it is a prenuptial agreement which is a contract entered into in contemplation of marriage. Second, it is a postnuptial agreement. This is entered into after the parties have married. In Canada, marriage creates an economic partnership. Any asset acquired during the marriage will be divided between the husband and the wife should they decide to separate and divorce, unless they agree otherwise in a marriage contract. There are a lot of things a marriage contract can benefit the couple before or after entering into marriage. Apart from the fact that it allows couples to opt out of provincial law with respect to property, there are many factors our Toronto marriage and common law lawyers use contracts to address before or during a marriage.
- [Procedural Fairness](https://lisagelman.com/blog/procedural-fairness/): In accordance with the law, family courts must administer justice equally and without discrimination. In some cases, however, lawyers and judges still construct recommendations or decisions based on outdated stereotypes.
- [Appeal Is Allowed, But Costs Must Be Secured](https://lisagelman.com/blog/appeal-is-allowed-but-costs-must-be-secured/): For those who don’t spend their days working in the world of the law, it’s natural to think that appeals of decisions might be the norm. However, appeals aren’t always allowed. Although they can be requested, the courts can reject an application for an appeal. In other cases, such as one case recently heard before the Court of Appeal for Ontario, an appeal might be allowed, but a low chance of success may cause the courts to put conditions on the appeal. In this case, Gelman & Associates’ Paul Slan and Annie Yektaeian represented the respondent.
- [Court Denies Adjournment Request Due To Missed Appearance](https://lisagelman.com/blog/court-denies-adjournment-request-due-to-missed-appearance/): One of the smaller impacts COID-19 has had on family law is the underscoring of how backlogged the courts are with family law cases, and how parties involved in intense bickering and litigation can clog up the courts, preventing other matters from being heard quickly, and eating up both the parties’ resources as well as those of the courts. In a recent decision from the Ontario Superior Court of Justice, the court refused to reopen a matter between two parents who had been litigating for an extended period of time.
- [Court Pierces Corporate Veil In Order To Provide Spousal Support](https://lisagelman.com/blog/court-pierces-corporate-veil-in-order-to-provide-spousal-support/): One of the reasons people may incorporate a company is to shield themselves from personal liability should the company be sued or go bankrupt. This protection that shields the owner of a company is known as the “corporate veil.” “Lifting” or “piercing” the corporate veil can be difficult to do, but as we see in a recent decision from the Ontario Superior Court of Justice, there are occasions when the courts may do so in a family law situation.
- [Defendant Wants Civil Action To Be Heard With Divorce](https://lisagelman.com/blog/defendant-wants-civil-action-to-be-heard-with-divorce/): When couples decide to separate, it’s not uncommon for there to be hard feelings between the parties. There may even be litigation beyond the outcomes directly associated with the separation or divorce, though stemming from the same set of facts. In a recent decision from the Ontario Superior Court of Justice, the courts were asked by the husband to join a civil suit with the divorce proceedings so as to allow him to not face two lawsuits.
- [Decision Reminds Us That Unilateral Decisions Related To Access Are Not Acceptable](https://lisagelman.com/blog/decision-reminds-us-that-unilateral-decisions-related-to-access-are-not-acceptable/): One of the most difficult aspects of separation or divorce for children and parents can be those related to parenting time. It’s not uncommon for one parent to feel that the other is not a suitable parent, or that they may find themselves unhappy that the other parent is getting time with the children. However, it’s important for parents who feel this way to understand that decisions related to parenting time cannot be made in a unilateral fashion. As we see in a recent decision from the Ontario Superior Court of Justice, doing so can result in an unfavourable order from the courts.
- [Father Runs Into Difficulty Trying To Vary Interim Order](https://lisagelman.com/blog/father-runs-into-difficulty-trying-to-vary-interim-order/): When a couple goes through a separation or divorce, they may turn to the courts to establish responsibilities such spousal support, child support, and access to children. Orders can come in a number of forms, including interim and final orders. The former is intended to temporarily establish responsibilities while awaiting a court date, while the later is an outcome of a trial. A recent decision from the Ontario Superior Court of Justice looks at how courts treat motions to vary each type of order and serves as a warning that varying a temporary order can be difficult.
- [Mother Wants Father To Sell House Following Separation Agreement](https://lisagelman.com/blog/mother-wants-father-to-sell-house-following-separation-agreement/): When a couple decides to separate before getting a divorce, they may choose to enter into a separation agreement. A separation agreement can address issues like spousal support, child support, custody, the matrimonial home, and other issues. This allows for those items to not be left aside while waiting for a divorce to become finalized. But sometimes things occur to make one party want to set an agreement aside. A recent decision by the Ontario Superior Court of Justice looks at how the courts approach such dilemmas.
- [How To Address Child Support In The Event Of A Job Loss](https://lisagelman.com/blog/how-to-address-child-support-in-the-event-of-a-job-loss/): For parents who are separated or divorced and have child support obligations, the thought of losing their job can be daunting. Adding in the stresses of COVID-19 and the holidays can make something like a job loss even more difficult to deal with. This week we bring you our final in a series of holiday-related blogs. In last week’s post we discussed why we expect to see a surge in separation and divorce following the holidays. This week, we look at what to do regarding child support in the event of a change in employment.  
- [Child Support and Claims for Undue Hardship](https://lisagelman.com/blog/child-support-and-claims-for-undue-hardship/): What happens when one party seeks to impute income to the other party for the purposes of calculating child support? In a recent decision, the court considered that very question when a mother brought a motion for a temporary order for sole custody and child support.
- [Following Domestic Violence, Mother Flees Across Country With Child](https://lisagelman.com/blog/following-domestic-violence-mother-flees-across-country-with-child/): When domestic violence occurs, it makes sense that the victim of the violence would want to place themselves as far away as possible from the perpetrator of the violence. However, it’s important to remember that when children are involved, taking action such as moving across the country cannot necessarily be done unilaterally. A recent decision from the Ontario Superior Court of Justice serves as a good example of this.
- [Court Imposes Penalty for Contempt of Court](https://lisagelman.com/blog/court-imposes-penalty-for-contempt-of-court/): As we’ve blogged about in the past, being found in contempt of court is a serious matter. In a recent family law case, an Ontario court was tasked with figuring out the appropriate penalty for the father’s contempt.
- [Marriage Contracts and Limitation Periods](https://lisagelman.com/blog/marriage-contracts-and-limitation-periods/): Are marriage contracts subject to a limitation period? In a recent case, the Ontario Court of Appeal (OCA) grappled with this very question. In the end, the father’s request to set aside the marriage contract was allowed, but the OCA was divided on whether all proceedings under the Family Law Act (FLA) that seek to set aside a domestic contract fall within s. 16(1)(a) of the Limitations Act, 2002 (LA) and therefore have no limitation period at all.
- [Canada’s Supreme Court Updates Its Position On Retroactive Child Support](https://lisagelman.com/blog/canadas-supreme-court-updates-its-position-on-retroactive-child-support/): Whenever the Supreme Court of Canada issues a ruling related to Family law, we at Gelman & Associates will summarize it here in our blog.  This fall the country’s highest court issued a ruling clarifying its position on retroactive child support when the child is no longer a minor.
- [Terminating Spousal Support](https://lisagelman.com/blog/terminating-spousal-support/): What constitutes a “material change in circumstances” when it comes to a party’s request to terminate spousal support? In a recent case, the Ontario Court of Appeal considered this very question and was asked to determine whether the trial judge erred in terminating spousal support.
- [The Children’s Best Interests: Changing Residences and Schools During COVID-19](https://lisagelman.com/blog/the-childrens-best-interests-changing-residences-and-schools-during-covid-19/): As the court in a recent case stated, the pre-Labour-Day “Let’s Change Johnny’s School” urgent motion has become somewhat of an unwanted annual tradition. In this instance, the father brought a motion to change both the country where the children were going to live and where the children were going to go to school.
- [Court Permits Mother to Relocate with Children](https://lisagelman.com/blog/court-permits-mother-to-relocate-with-children/): In a recent case, an Ontario court considered if it should permit the children to relocate with their mother to another school district.
- [How Courts Handle The Return Of Children When Hague Convention Does Not Apply](https://lisagelman.com/blog/how-courts-handle-the-return-of-children-when-hague-convention-does-not-apply/): We’ve blogged in the past about the Hague Convention on Civil Aspects of International Child Abduction(“Hague Convention”). The Hague Convention is an agreement amongst a number of countries to deal with how a child’s abduction from one country to another participating country is handled. But what about when one of the countries involved is not a signatory to the Hague Convention? A recent decision from the Ontario Superior Court of Justice looks at how Canadian courts can handle such situations.
- [Court Orders Sale Of Matrimonial Home](https://lisagelman.com/blog/court-orders-sale-of-matrimonial-home/): Upon the breakdown of a marriage through separation or divorce, what happens to the matrimonial home can be one of the more difficult issues to navigate. Not only can there be a great deal of emotional investment into the home, with both parties feeling strong ties to it, but a home can often be a couple’s most valuable asset. A recent decision from the Court of Appeal for Ontario looked at a situation where one spouse was ordered to transfer a 50% interest in the home to the other.
- [Requests For Relocation on an Interim Basis](https://lisagelman.com/blog/requests-for-relocation-on-an-interim-basis/): What happens when one party wants to relocate to another city with their child(ren)? In a recent case, an Ontario court considered a mother’s motion to move from one area of Ontario to another.
- [How Does the Court Determine a Child’s “Habitual Residence”?](https://lisagelman.com/blog/how-does-the-court-determine-a-childs-habitual-residence/): In a recent Ontario case, the court considered the interesting question of how to determine a child’s “habitual residence” for the purpose of an application under the Convention on the Civil Aspects of International Child Abduction (the Hague Convention).
- [Wife Awarded Large Sum for Interim Disbursements](https://lisagelman.com/blog/wife-awarded-large-sum-for-interim-disbursements/): The courts have the discretion to decide whether or not to award interim disbursements to a party in a family law proceeding. Sometimes, as in this recent Ontario case, the court will award one party interim disbursements to pay for various expenses related to litigation, such as the cost of legal fees, business valuation reports or income reports.
- [Are Adult Students Entitled To Child Support?](https://lisagelman.com/blog/are-adult-students-entitled-to-child-support/): Child support obligations can be one of the more difficult aspects of a divorce or separation for people to handle in a financial sense. While popular culture references might tell us that child support obligations end when a child turns 18, that's not always the case. We've spent some time in previous blogs talking about what happens to spousal support after a certain amount of time, but we have not had the opportunity to bring child support into the discussion. A 2018 decision from the Ontario Superior Court of Justice provides us with a good look at what might cause child support obligations to extend past 18-years-old.
- [Costs Awards in Family Law Proceedings](https://lisagelman.com/blog/costs-awards-in-family-law-proceedings/): In a recent case, an Ontario court expressed its concern about the manner in which two parties had engaged in a protracted 9-day trial to determine their property issues. What happens when, as the court stated, the process “has taken over, to the detriment of both parties"?
- [Is It Ever Too Late To Seek Spousal Support?](https://lisagelman.com/blog/is-it-ever-too-late-to-seek-spousal-support/): Something you may often hear about in legal circles is limitation periods, which simply put, are the time limits required to bring an action in court. While many things related to family law that people may wish to settle in court are subject to limitation periods, spousal support is not. But that’s not to say that waiting an extended period of time before claiming spousal support will have no impact on what a court decides. A decision from the Ontario Superior Court of Justice provides us with a good example of how courts might analyze such a situation.
- [Court Refuses Wife’s Request to Set Aside a Marriage Contract](https://lisagelman.com/blog/court-refuses-wifes-request-to-set-aside-a-marriage-contract/): Can parties really rely on contracts they sign with respect to spousal support? In a recent case, an Ontario court considered a wife’s request to set aside a marriage contract she and her husband had signed approximately nine years before they separated.
- [Court Considers Whether Police Enforcement Of Order Is Necessary](https://lisagelman.com/blog/court-considers-whether-police-enforcement-of-order-is-necessary/): One of the most challenging aspects of divorce or separation for parents is shielding children from any hostile or negative interactions between the parents. While there are options parents can choose to address this risk, such as entering private mediation as opposed to waging public court battles, there is always a chance that interactions down the road may expose a child to behaviour they should not see. In unfortunate situations, police may become involved when the parents are unable to follow orders of the court. In a recent decision from the Ontario Superior Court of Justice, the court looked at one such situation and whether it would be necessary to have police enforce the court’s orders with respect to parenting time.
- [Contempt of Court for Breaching Access Orders](https://lisagelman.com/blog/contempt-of-court-for-breaching-access-orders/): In a recent case, an Ontario court heard a father’s motions to find the mother in contempt of court for failing to facilitate access in accordance with court orders. In considering the motions, the court had to consider the interesting question of when, and in what circumstances, it would be appropriate to find a party in contempt in the context of a family law proceeding.
- [Husband Seeks To Cease Spousal Support Upon Retirement](https://lisagelman.com/blog/husband-seeks-to-cease-spousal-support-upon-retirement/): The obligation to pay spousal support is not always one that is easily accepted by the paying party. In fact, we’ve covered many situations in our blog where the paying party has tried to escape this obligation through means such as early retirement or underemployment. As a result, even if someone is legitimately expecting to retire, they still have to apply for a variation in spousal support if they wish to alter their payment amounts. The process of doing this was explained In a recent decision from the Ontario Superior Court of Justice.  
- [Court Determines Whether Syrian Divorce Is Recognized In Canada](https://lisagelman.com/blog/court-determines-whether-syrian-divorce-is-recognized-in-canada/): In many instances, if a couple gets divorced in one country, that divorce is likely to apply in other countries they may live in. But it’s not always so cut and dry. In a recent decision from the Ontario Superior Court of Justice, the court had to determine whether an old divorce obtained by a couple in Syria would be recognized in Canada.
- [Stepparents and Access to Children](https://lisagelman.com/blog/stepparents-and-access-to-children/): In today’s world, families are becoming more diverse than ever before. What happens when a stepparent wants access to a child? In a recent case, an Ontario court considered this interesting question when it heard a stepmother’s request for access to a nine-year-old boy.
- [Contempt in Family Law Proceedings](https://lisagelman.com/blog/contempt-in-family-law-proceedings/): In a recent decision, an Ontario court grappled with the interesting question of when it may be appropriate to find a party in contempt in the context of family law proceedings.
- [Access by a Non-Parent](https://lisagelman.com/blog/access-by-a-non-parent/): Sometimes a party will seek access to a child even when that party is not the child’s biological parent. In a recent case, an Ontario court considered a man’s request for access to a child that he had not seen for over a year. Interestingly, that child was also not the man’s biological son.
- [Child Support for Adult Children](https://lisagelman.com/blog/child-support-for-adult-children/): What happens to a payor’s child support obligations once his or her children are adults pursuing higher education? Does child support terminate, or does it remain payable? An Ontario court grappled with this interesting question in Makdissi v. Masson.
- [Court Refuses to Set Aside Restraining Order](https://lisagelman.com/blog/court-refuses-to-set-aside-restraining-order/): In a recent case, the court considered a father’s request to set aside a restraining order that prevented him from having access to his six-year-old son.
- [Court Grapples With Child Abduction Across Borders](https://lisagelman.com/blog/court-grapples-with-child-abduction-across-borders/): International boundaries can introduce numerous complications when child custody is an issue between parents going through separation or divorce. When one parents wants to move to another country with the child, the other parent may object. Courts can consider a number of factors when determining where the child “habitual residence” is when deciding where the child should ultimately live. Additionally, parents who remove a child from the a country in violation of a court order introduce criminal acts to an already difficult situation. A recent decision from the Ontario Superior Court of Justice highlights some of the challenging scenarios courts can face when working through such issues.
- [Ontario Court of Appeal Denies Father’s Request to Reduce Child Support Arrears](https://lisagelman.com/blog/ontario-court-of-appeal-denies-fathers-request-to-reduce-child-support-arrears/): The Ontario Court of Appeal recently heard a mother’s appeal from a decision that granted the father a retroactive reduction in his child support obligations. In determining whether to allow the appeal, the court considered the interesting question of when a payor parent may be excused from paying the full amount of child support that they were ordered to pay.
- [Wealthy Husband Ordered to Pay Wife Spousal Support of $30,000 per Month](https://lisagelman.com/blog/wealthy-husband-ordered-to-pay-wife-spousal-support-of-30000-per-month/): In a recent case, an Ontario court considered the interesting question of how much spousal support should be awarded to a wife whose husband earned approximately $2,090,000 per year.
- [When Will Courts Consider Forgiving Arrears For A Parent Or Spouse?](https://lisagelman.com/blog/when-will-courts-consider-forgiving-arrears-for-a-parent-or-spouse/): Child support and spousal support obligations are serious, and failing to pay them could leave a parent in arrears, and a large debt to repay.  Only in certain situations will courts retroactively discharge or rescind support arrears. A recent case from the Ontario Superior Court of Justice serves as a good summary of which types of situations may qualify for such relief.
- [Court Finds Mother in Contempt](https://lisagelman.com/blog/court-finds-mother-in-contempt/): Court orders cannot be ignored or disobeyed, and complying with a court order is not optional. In a recent case, an Ontario court considered whether or not the mother of a young child was in contempt for refusing to grant access to the child’s paternal grandmother in accordance with a previous order.
- [Court Orders Father to Pay Exorbitant Costs Award](https://lisagelman.com/blog/court-orders-father-to-pay-exorbitant-costs-award/): The mother in a recent Ontario case sought her costs of litigation, which amounted to $456,411.14, inclusive of disbursements and HST. The court had to determine whether the father’s conduct had been so unreasonable that it warranted ordering him to pay those costs.
- [Court Grants Mother Interim Sole Custody of Child](https://lisagelman.com/blog/court-grants-mother-interim-sole-custody-of-child/): An Ontario court recently considered the interesting question of whether or not it was appropriate to grant interim custody to a parent while proceedings were underway.
- [Court Orders Spouse to Pay Advance of Fees to Fund Litigation](https://lisagelman.com/blog/court-orders-spouse-to-pay-advance-of-fees-to-fund-litigation/): In a recent decision, an Ontario court considered one spouse’s plea for an order of interim costs and disbursements to cover the expenses of carrying on the parties’ litigation.
- [Court Terminates Husband’s Obligation to Pay Spousal Support](https://lisagelman.com/blog/court-terminates-husbands-obligation-to-pay-spousal-support/): In a recent decision, an Ontario court considered the interesting question of when it may be appropriate to terminate a spouse’s obligation to pay spousal support.
- [Factors The Court Will Consider When Making a Costs Award](https://lisagelman.com/blog/factors-the-court-will-consider-when-making-a-costs-award/): When parties are involved in family law litigation, it is possible that the court will find one party liable to the other for their costs of the proceeding. In 2018, in the case of Mattina v. Mattina, the Court of Appeal confirmed that rules with respect to costs are designed to foster four fundamental purposes:
- [Does Withdrawing RRSPs Count As A Depletion Of Assets?](https://lisagelman.com/blog/does-withdrawing-rrsps-count-as-a-depletion-of-assets/): While it’s unfortunate, it is not uncommon to see a spouse with child or spousal support obligations attempt to reduce their income or assets in order to lower the amount of support they have to pay per month. To preemptively address this, courts can include orders that a support-paying spouse to not deplete their assets. In a recent case heard before the Ontario Superior Court of Justice, the court was asked to determine if a father was in violation of such an order when he withdrew funds from his RRSP.
- [Sealing Orders and Publication Bans](https://lisagelman.com/blog/sealing-orders-and-publication-bans/): An Ontario court recently considered the interesting question of when it might be appropriate to order a sealing order and publication ban in a family law proceeding.
- [Father Regrets Signing Minutes Of Settlement; But Can He Convince The Courts To Overturn?](https://lisagelman.com/blog/father-regrets-signing-minutes-of-settlement-but-can-he-convince-the-courts-to-overturn/): Back in April we looked at a case where the courts refused to overturn a separation agreement entered into by two parents. Another recent decision, this time from the Ontario Superior Court of Justice, highlights just how important it is to carefully consider the details and implications of a separation agreement before signing it.
- [Former Spouse Receives Entire Life Support Payout As Required Under Separation Agreement](https://lisagelman.com/blog/former-spouse-receives-entire-life-support-payout-as-required-under-separation-agreement/): When people get divorced or separated, it is common for one party to take out a life insurance policy in order to fulfill any child or spousal support obligations they may be unable to make in the event of their death. In a recent case heard before the Ontario Superior Court of Justice, the court was asked whether a former spouse is entitled to receive the entire insurance payout stemming from her former husband’s death, or whether she was only entitled to an amount equal to what she would have received through spousal support.
- [The Impact of a Voice of the Child Report On Parenting Time](https://lisagelman.com/blog/the-impact-of-a-voice-of-the-child-report-on-parenting-time/): In a recent case, an Ontario court considered whether it could grant a father’s request to vary parenting time without proceeding to trial.
- [Introducing Jennifer Shuber, Certified Specialist in Family Law](https://lisagelman.com/blog/introducing-jennifer-shuber-certified-specialist-in-family-law/): Gelman & Associates is thrilled to welcome Jennifer Shuber to our firm. Jennifer is a highly-regarded family lawyer and has been practicing exclusively in the area of family law for the past two decades. Jennifer left a very successful practice to join the Gelman & Associates team and will be based in Toronto. Jennifer is a Certified Specialist in Family Law, a designation only 64 other lawyers in Ontario hold.
- [Court Refuses to Set Aside Separation Agreement](https://lisagelman.com/blog/court-refuses-to-set-aside-separation-agreement/): In a recent decision, an Ontario court considered the interesting question of when it might be appropriate to set aside a separation agreement. As it turns out, the answer to this question may be more complicated than it seems.
- [Is Parental Alienation a Mental Health Issue?](https://lisagelman.com/blog/is-parental-alienation-a-mental-health-issue/): The concept of parental alienation can, unfortunately, be common in the practice of family law; one that can affect decisions relating to support or even custody in some cases. However, parental alienation may soon also be considered a medical diagnosis, labelled as a disease with long-term repercussions affecting the children of parents who use manipulation in an attempt to create rifts in their relationships with other parents or family members.
- [Gwyneth Paltrow Calls Divorce “Conscious Uncoupling”](https://lisagelman.com/blog/gwyneth-paltrow-calls-divorce-conscious-uncoupling/): Getting a divorce is a difficult decision for anyone to make, and arguably even more challenging when there are children involved. When actress Gwyneth Paltrow and Coldplay’s frontman Chris Martin announced they were separating after being married for 11 years, she popularized the term “conscious uncoupling” in an effort to put a positive spin on an otherwise distressing experience. At the time, Paltrow explained:
- [Court Looks At Whether It Has Jurisdiction To Order Reunification Therapy](https://lisagelman.com/blog/court-looks-at-whether-it-has-jurisdiction-to-order-reunification-therapy/): Issues around custody and access to children can be one of the most stressful aspects of a separation or divorce. These issues can become more contentious when one parent is denied access to a child, or when one parent tries to influence the relationship between the child and the other parent. In a recent decision from the Ontario Superior Court of Justice, the court examined whether it has the jurisdiction to order reunification therapy to try to save the relationship between a father and a child.
- [What Determines Whether A Matrimonial Home Can Be Sold Following A Separation or Divorce?](https://lisagelman.com/blog/what-determines-whether-a-matrimonial-home-can-be-sold-following-a-separation-or-divorce/): When couples get divorced or separated, one of the largest issues to deal with outside of those involving children can be what to do with the matrimonial home. There are typically two options that a couple can choose from. The first is for one party to buy out the other’s interest in the home. The other option is that the home be sold with any profits from the sale being divided between the parties. This, along with the division of other familial property, is known as the division of property. The family home often represents the largest asset a family owns, while also carrying a lot of emotional weight. What comes of it can often lead to a disagreement between the parties. This was the case in a decision from the Court of Appeal for Ontario where a mother appealed the court-ordered sale of the family home, allowing the court to clarify the factors to be considered in making such a decision.
- [Court Orders Mother to Undergo a Capacity Assessment](https://lisagelman.com/blog/court-orders-mother-to-undergo-a-capacity-assessment/): In some situations, one party in a proceeding may ask the court for an order directing the other party to undergo to a capacity assessment. An Ontario court recently considered this interesting question and explained when it might be appropriate to impinge upon a party’s autonomy and privacy interests by making such an order.
- [When the Court Will Stay an Order Pending Appeal](https://lisagelman.com/blog/when-the-court-will-stay-an-order-pending-appeal/): An Ontario court recently considered an interesting case where one party sought a stay of two orders pending appeal.
- [When Will a Court Order Interim Costs and Disbursements?](https://lisagelman.com/blog/when-will-a-court-order-interim-costs-and-disbursements/): An Ontario court recently considered a case where a husband appealed from an interlocutory order that required him to pay his wife $150,000 for interim costs and disbursements.
- [Cuban Man to be Deported Following Federal Court’s Finding of a Marriage Scam](https://lisagelman.com/blog/cuban-man-to-be-deported-following-federal-courts-finding-of-a-marriage-scam/): A Cuban man who was found to have engaged in a marriage scam by marrying a Canadian woman in order to obtain permanent resident status in order to be able to remain in Canada may be deported.
- [How Many Years After Separation Will the Court Order Spousal Support?](https://lisagelman.com/blog/how-many-years-after-separation-will-the-court-order-spousal-support/): An Ontario court recently considered whether or not it should award spousal support to a spouse who brought his claim many years after the parties' separation.
- [Dispensing with Privacy: Court Orders Spouse to Produce Medical Records](https://lisagelman.com/blog/dispensing-with-privacy-court-orders-spouse-to-produce-medical-records/): An Ontario court recently considered if the father of a young child had a right to privacy or whether he should be compelled to produce the medical records in relation to his alcohol dependency and mental health issues.
- [Can Income be Imputed Where a Payor Spouse is in Jail?](https://lisagelman.com/blog/can-income-be-imputed-where-a-payor-spouse-is-in-jail/): An Ontario court recently explored whether interim child support should be ordered when the payor spouse was incarcerated on the basis of imputing income to the jailed spouse.
- [Court Determines Which School Child Will Attend](https://lisagelman.com/blog/court-determines-which-school-child-will-attend/): An Ontario court recently granted a mother’s request seeking an order that her child attend a specific school for the upcoming school year.
- [Single Mother of Adult Disabled Son Secures Continued Child Support Payments in Precedent Setting Decision](https://lisagelman.com/blog/single-mother-of-adult-disabled-son-secures-continued-child-support-payments-in-precedent-setting-decision/): In a precedent setting decision, an Ontario judge has awarded a single mother in Brampton, Ontario monthly payments of more than $500 to care for her disabled adult son for the remainder of his life.
- [Like it or Not: Forcing the Sale of the Matrimonial Home](https://lisagelman.com/blog/like-it-or-not-forcing-the-sale-of-the-matrimonial-home/): The court recently examined the interesting question of whether, and under what circumstances, a party can obtain an order to sell their matrimonial home even when their spouse opposes the sale.
- [Ex-Husband Attempts to Set Aside His Child Support Obligations, Court Orders Him to Continue Paying](https://lisagelman.com/blog/ex-husband-attempts-to-set-aside-his-child-support-obligations-court-orders-him-to-continue-paying/): An Ontario court recently evaluated a situation in which an ex-husband argued that the child support provisions in a marriage contract should be struck. The court ultimately upheld the child support clauses and found that the ex-husband continued to be responsible for supporting the children for a number of reasons.
- [Child Support: Paying for an Adult Child Who’s Walked Out of Your Life](https://lisagelman.com/blog/child-support-paying-for-an-adult-child-whos-walked-out-of-your-life/): An Ontario court recently contemplated whether or not an 18-year-old child who refused to have a relationship with her father should continue receiving child support.
- [Ontario Court Considers When Imprisonment is Appropriate for Non-Payment of Support Arrears](https://lisagelman.com/blog/ontario-court-considers-when-imprisonment-is-appropriate-for-non-payment-of-support-arrears/): A recent Ontario decision examined both default hearings as well as how and when a jail committal order is appropriate to enforce spousal support and child support arrears.
- [Court Awards Woman Ownership of Embryo Deemed Property in Acrimonious Divorce](https://lisagelman.com/blog/court-awards-woman-ownership-of-embryo-deemed-property-in-acrimonious-divorce/): In a precedent-setting decision, a Superior Court judge in Sudbury has found that a woman can use a frozen embryo purchased with her husband, while married, despite the man's objections following their divorce.
- [Adult Adoption: is Parental Consent Still Required?](https://lisagelman.com/blog/adult-adoption-is-parental-consent-still-required/): In a recent Ontario case, the court considered the interesting question of whether parental consent for adoption is required for, and whether a parent is entitled to notice of, an application to adopt an adult.
- [Ontario Court Discusses Self-Employment Income in the Context of Child Support](https://lisagelman.com/blog/ontario-court-discusses-self-employment-income-in-the-context-of-child-support/): In a recent decision, the Ontario Superior Court addressed whether a husband’s expenses from self-employment could be deducted from his gross income for the purposes of child support.
- [Am I Your Biological Father? Paternity Tests and Child Support](https://lisagelman.com/blog/am-i-your-biological-father-paternity-tests-and-child-support/): An Ontario court recently considered an interesting case where the man sought an order directing the child to submit to a paternity test.
- [Is a Judge Obligated to Read All Materials Filed in a Family Law Case?](https://lisagelman.com/blog/is-a-judge-obligated-to-read-all-materials-filed-in-a-family-law-case/): The Ontario Superior Court recently considered the position of a father who was appealing a final child support order on the grounds that the motion judge who had granted the order had not read all of the materials that had been filed prior to making the decision about support.
- [Grandparents Unsuccessfully Fight for Custody of Children](https://lisagelman.com/blog/grandparents-unsuccessfully-fight-for-custody-of-children/): In a recent Ontario case, the court had to determine whether a father should have interim custody of his two children or whether the children should continue to live with their grandparents.
- [Can a Court Force a Family to Attend Therapy?](https://lisagelman.com/blog/can-a-court-force-a-family-to-attend-therapy/): An Ontario court recently considered an interesting case where the question of whether a party’s spouse and/or children can be ordered to attend therapy was raised.
- [Jamaican Mother Loses Battle to Stop her Child’s Adoption by a Canadian Family](https://lisagelman.com/blog/jamaican-mother-loses-battle-to-stop-her-childs-adoption-by-a-canadian-family/): We’ve previously blogged about a Jamaican mother who had been seeking to stop the adoption of her son by a family in British Columbia.
- [What Is A Divorce Coach?](https://lisagelman.com/blog/what-is-a-divorce-coach/): Divorce coaches are a relatively new phenomenon in the divorce/separation universe.  Coaches have been used with much success in other areas to assist individuals in achieving professional and personal goals.  There are career coaches, executive coaches, marketing coaches, life coaches, leadership coaches… the list goes on.  If you are going through separation and/or divorce, you might want to consider what a divorce coach can do for you.
- [A Question of Jurisdiction: When Ontario Courts Can Decide Custody and Access Matters](https://lisagelman.com/blog/a-question-of-jurisdiction-when-ontario-courts-can-decide-custody-and-access-matters/): The Ontario Court of Appeal recently decided a case where the mother, who had unilaterally taken the parties’ children from Nigeria to Ontario, sought custody of the children. In allowing the mother’s appeal from a decision that dismissed her original application, the court outlined the various factors it had to consider in deciding whether the Ontario court had jurisdiction to determine who should have custody of and access to the parties’ children.
- [Interim Spousal Support and Child Support](https://lisagelman.com/blog/interim-spousal-support-and-child-support/): An Ontario court recently considered a case where the mother sought interim child support and spousal support from the father. In granting the mother’s motion, the court outlined the factors that it must take into account when making an interim order for support.
- [Variation of Support in The Face of a Separation Agreement](https://lisagelman.com/blog/variation-of-support-in-the-face-of-a-separation-agreement/): An Ontario court recently considered a spouse’s request to reduce the child support and spousal support obligations that had been set out in the parties’ separation agreement.
- [Realtor Asks Court to Reduce His Spousal Support Obligation Due to Uncertainties in the Market](https://lisagelman.com/blog/realtor-asks-court-to-reduce-his-spousal-support-obligation-due-to-uncertainties-in-the-market/): A Vancouver based real estate agent has used the recent housing volatility and resultant impact on the market to argue that the luxurious lifestyle his family previously enjoyed was unsustainable and that his spousal support obligations should be decreased.
- [Ontario Court of Appeal Overturns Previous Order Compelling Mother to Return Children to England](https://lisagelman.com/blog/ontario-court-of-appeal-overturns-previous-order-compelling-mother-to-return-children-to-england/): The Ontario Court of Appeal has overturned an earlier decision by an Ontario judge which compelled the mother of two children who had taken her children from England to Canada to return the children to their father in England. The Court found that the original application judge who had heard the father’s Hague Convention application had not considered all relevant factors in making the decision.
- [Common Law Spouses and Claims for Constructive Trust](https://lisagelman.com/blog/common-law-spouses-and-claims-for-constructive-trust/): The Ontario Court of Appeal recently grappled with the important question of when a common law partner’s claim for a constructive trust interest in a home may or may not be allowed.
- [Court Finds Severance of Divorce Would Not Result in Disadvantage for Ex-Husband Who Will Lose Health Benefits  ](https://lisagelman.com/blog/court-finds-severance-of-divorce-would-not-result-in-disadvantage-for-ex-husband-who-will-lose-health-benefits/): An Ontario court recently ruled on a motion filed by a wife who wanted to sever her claim for divorce from her claims for collateral remedies. The husband in question opposed the motion, arguing that he would no longer receive medical benefits from the wife’s insurer once they were divorced and wanting all outstanding issues between the parties to be addressed at the same time.
- [Grey Divorce](https://lisagelman.com/blog/grey-divorce/): Divorce does not discriminate. It happens in short marriages (the so-called “starter marriage”), in medium length marriages (8 to 20 years) and in long term marriages (20 plus years) as well. Couples who are very young, middle aged and older can all be affected.
- [Sperm Donor Who Donated to Lesbian Couple is Denied Parental Rights](https://lisagelman.com/blog/sperm-donor-who-donated-to-lesbian-couple-is-denied-parental-rights/): A recent decision by an appeal court in New York state has denied a sperm donor's request to have a paternity test in order to be recognized as a child's legal parent, noting that “biology is not dispositive in a court's paternity determination.”
- [Indefinite vs. Time-Limited Spousal Support](https://lisagelman.com/blog/indefinite-vs-time-limited-spousal-support/): In a recent Ontario decision, the court grappled with the interesting question of when it might be appropriate to terminate a prior order for indefinite spousal support.
- [Terminating Spousal Support: What Constitutes a Material Change in Circumstances?](https://lisagelman.com/blog/terminating-spousal-support-what-constitutes-a-material-change-in-circumstances/): An Ontario court recently considered a case where one party sought to terminate spousal support upon retiring. This decision looks at the various factors judges must weigh when determining whether or not there has been a material change in circumstances to justify varying an agreement for spousal support.
- [Granting Adjournments in Family Law Arbitrations](https://lisagelman.com/blog/granting-adjournments-in-family-law-arbitrations/): The Ontario Superior Court of Justice recently dealt with the interesting issue of what an arbitrator must consider when making a determination about a party’s request to adjourn an arbitration hearing, so as to ensure that all parties are treated equally and fairly.
- [Adoption Orders: When the Court Will Dispense with the Consent of Biological Parents](https://lisagelman.com/blog/adoption-orders-when-the-court-will-dispense-with-the-consent-of-biological-parents/): A recent Ontario decision outlines when a court might make an adoption order – even if the biological parents do not agree to such an order.
- [A Cautionary Tale: How Electronic Communications May Influence a Family Law Proceeding](https://lisagelman.com/blog/a-cautionary-tale-how-electronic-communications-may-influence-a-family-law-proceeding/): A recent Ontario decision serves as a reminder that emails, text messages and other forms of social media can be introduced as evidence in family law proceedings. Judges may consider – and rely on – the content of these communications when determining important matters before them.
- [The Importance of Obtaining Independent Legal Advice in a Family Law Dispute](https://lisagelman.com/blog/the-importance-of-obtaining-independent-legal-advice-in-a-family-law-dispute/): A recent Ontario decision highlights the importance of obtaining independent legal advice prior to signing any legal documents in a family law dispute. Failure to do so can have a significant impact on your legal rights and on your finances post-separation or divorce.
- [Involving the Office of the Children’s Lawyer: Custody and Access and the Best Interests of the Child](https://lisagelman.com/blog/involving-the-office-of-the-childrens-lawyer-custody-and-access-and-the-best-interests-of-the-child/): An Ontario court recently considered a situation where the parties’ custody and access proceedings were adjourned so that the Office of the Children's Lawyer (OCL) could become involved and potentially conduct an investigation under section 112 of the Courts of Justice Act (CJA).
- [Non-Parental Access to a Child: What Will Court’s Consider?](https://lisagelman.com/blog/non-parental-access-to-a-child-what-will-courts-consider/): An Ontario court recently examined a request by a non-parent for access to a child, and found that it would not be in the child’s best interests to have continued contact with his mother’s ex-boyfriend (who was not his biological father).
- [Changing a Child’s Name After Separation or Divorce](https://lisagelman.com/blog/changing-a-childs-name-after-separation-or-divorce/): An Ontario court recently grappled with the interesting question of when it is and is not appropriate for a parent to be prohibited from changing the name(s) of their children after a separation. As we’ve explored previously, this is often a source of tension for separating parents. In this case, the court allowed the mother of the children to change their names, despite the father’s request for an order prohibiting her from doing so.
- [Non-Compensatory Spousal Support Where Income Increases After Separation](https://lisagelman.com/blog/non-compensatory-spousal-support-where-income-increases-after-separation/): An Ontario court recently considered a situation in which a husband claimed temporary non-compensatory spousal support from him former wife, whose income had increased following their separation.
- [Matrimonial Home: Special Asset for Married Spouses](https://lisagelman.com/blog/matrimonial-home-special-asset-for-married-spouses/): Any property used by married spouses at the date of separation as a family home is a “matrimonial home” under the Family Law Act. A matrimonial home is special and treated differently than any other property belonging to married spouses.  The definition of a matrimonial home is set out in section 18 of the Family Law Act: “Every property in which a person has an interest and that is or, if the spouses have separated, was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence is their matrimonial home.”
- [The Status Quo and Shared Parenting Arrangements](https://lisagelman.com/blog/the-status-quo-and-shared-parenting-arrangements/): An Ontario court recently considered a contested interim parenting arrangement. In making a final decision on care and control of the child in question, the court had to determine what the status quo was in relation to custody and access of the child prior to her parent’s separation.
- [Can an ADHD Be Used to Set Aside a Family Court Order?](https://lisagelman.com/blog/can-an-adhd-be-used-to-set-aside-a-family-court-order/): Ontario’s Family Court recently dealt with the interesting issue of whether an order obligating a separated couple to sell their matrimonial home should be set aside because of a variety of hardships claimed by the wife, including ADHD.
- [Court of Appeal Upholds Cohabitation Agreement Waiving Spousal Support](https://lisagelman.com/blog/court-of-appeal-upholds-cohabitation-agreement-waiving-spousal-support/): The Ontario Court of Appeal has upheld a cohabitation agreement that a woman signed decades ago without obtaining independent legal advice, finding no reason to overturn the agreement.
- [Canada’s Vague Surrogacy Laws Raise Questions](https://lisagelman.com/blog/canadas-vague-surrogacy-laws-raise-questions/): Surrogacy is strictly controlled in Canada, with limits on compensating surrogates, and correspondingly stiff penalties for any infractions. However, surrogacy experts say that despite the laws in place to ensure that surrogacy does not become a paid business, there are vast grey areas in law and policy that are problematic. If you are dealing with a legal issue involving surrogacy and parentage, our Toronto paternity issue and parentage dispute lawyers may be able to help.
- [Can I Sue My Ex’s Mistress for Damages?](https://lisagelman.com/blog/can-i-sue-my-exs-mistress-for-damages/): This was an interesting question that an Ontario court grappled with several years ago, in a decision that made some interesting points.
- [Thinking About a Marriage Contract or Cohab?](https://lisagelman.com/blog/thinking-about-a-marriage-contract-or-cohab/): There are many issues to consider when deciding whether to marry or move in with a partner.  One of them is whether or not you want or need a domestic contract.  The following are some thoughts on these kinds of contracts to assist you in your decision.
- [Ontario Recognizes Rights of Disabled Children of Unmarried Parents](https://lisagelman.com/blog/ontario-recognizes-rights-of-disabled-children-of-unmarried-parents/): A recent Ontario Court of Justice decision confirmed that adult disabled children of unmarried parents are entitled to child support in the same way that adult disabled children of divorced parents are.
- [Email Communications After Divorce: Be Careful What You Send](https://lisagelman.com/blog/email-communications-after-divorce-be-careful-what-you-send/): Electronic communications, whether via email, text, or social media, have become a regular part of life for most people. However, most people do not take the time to reflect on what impact their online and electronic activities may have on significant parts of their life, including potential family law disputes.
- [Are Personal Injury Structured Settlements Considered Property or Income in Divorces?](https://lisagelman.com/blog/are-personal-injury-structured-settlements-considered-property-or-income-in-divorces/): The Ontario Court of Appeal has clarified whether a structured settlement obtained in a personal injury case is considered property or income during the process of property division and equalization.  The Court ruled that structured settlement funds should be treated as income in divorce proceedings.
- [Requesting Changes to Spousal Support After Retirement](https://lisagelman.com/blog/requesting-changes-to-spousal-support-after-retirement/): A recent Ontario Court of Appeal decision explored how courts address requests made by a spousal support payor who wishes to eliminate their support obligations towards their ex-spouse following retirement.
- [Woman Sentenced to 60 Days in Jail After Falsely Accusing Ex-Husband of Attempted Rape and Domestic Violence](https://lisagelman.com/blog/woman-sentenced-to-60-days-in-jail-after-falsely-accusing-ex-husband-of-attempted-rape-and-domestic-violence/): An Ontario woman, who falsely accused her ex-husband of a number of violent acts including attempted rape and domestic violence, has been sentenced to jail time.
- [Husband’s Affair May Allow Wife to Seek Larger Share of Net Family Property](https://lisagelman.com/blog/husbands-affair-may-allow-wife-to-seek-larger-share-of-net-family-property/): The Ontario Court of Appeal recently ruled that a wife whose husband had been having an affair may seek a larger share of net family property to offset the money the husband had spent on his lover. The Court was careful to note that the wife cannot use her suspicions of the husband’s misconduct to embarrass him or impugn his character, but that if his behavior had any impact on the former couple’s finances, there may be grounds to seek unequal division of net family property.
- [Common Law Partners and Joint Tenancy](https://lisagelman.com/blog/common-law-partners-and-joint-tenancy/): An Ontario court recently ordered that a man who was found to have gifted his former common-law spouse a 50% interest in the home they had lived in together had to either buy out the former spouse’s half interest, or the home had to be sold and profits divided equally if he wanted to resolve the property dispute between them.
- [Revenge Porn Defendant Given Another Chance at Defence After Court Overturns Default Judgment](https://lisagelman.com/blog/revenge-porn-defendant-given-another-chance-at-defence-after-court-overturns-default-judgment/): Social media continues to provide challenges across many areas of Canada’s judicial system. One particularly troubling reality of our modern digital age is “revenge porn,” in which people release nude images or videos of former sexual partners.
- [Protecting Gifts and Inheritances in Family Law](https://lisagelman.com/blog/protecting-gifts-and-inheritances-in-family-law/): In Ontario, marriages are deemed to be a form of economic partnership. As such, at the end of the marriage, under Ontario law, the spouses have a right to share in the wealth generated during the marriage. This is accomplished by a process called equalization under the Family Law Act (“FLA”).
- [What Happens When, Post-Divorce, a Parent Changes Their Child’s Name Without the Other Parent’s Permission?](https://lisagelman.com/blog/what-happens-when-post-divorce-a-parent-changes-their-childs-name-without-the-other-parents-permission/): A Nova Scotia court recently explored a dispute between two divorced parents, in which the father claimed that the mother had forged his signature on a government form and changed the last name of their child without his permission.
- [Can a Father Force a Mother and Child to Return to Ontario?](https://lisagelman.com/blog/can-a-father-force-a-mother-and-child-to-return-to-ontario/): In a decision in which a father sought a court order forcing the mother of his child to return to Toronto after she moved to New Brunswick in violation of a previous court order, an Ontario court permitted the mother to remain in New Brunswick, based on the best interests of the child in question.
- [Removal of Counsel from Record in Family Law Proceedings](https://lisagelman.com/blog/removal-of-counsel-from-record-in-family-law-proceedings/): The Ontario Superior Court recently commented on interference with a party’s choice of counsel in family law disputes, and dismissed a request to remove counsel from the record.
- [Does a father have to continue paying child support if he discovers the child is not his?](https://lisagelman.com/blog/does-a-father-have-to-continue-paying-child-support-if-he-discovers-the-child-is-not-his/): The British Columbia Supreme Court recently ruled that a man who was misled into believing he was the biological father of a child does not owe any continued child support for that child even though he was found to have assumed the role of a parent during the early years of the child’s life.
- [Man Sues Woman for “Unplanned Parenthood”-  Claim Dismissed, Woman Awarded Costs](https://lisagelman.com/blog/man-sues-woman-for-unplanned-parenthood-claim-dismissed-woman-awarded-costs/): The Ontario Court of Appeal recently upheld the dismissal of a claim filed by a man who sued his former sexual partner after she became pregnant with his child. The man had alleged that the woman had deprived him of being able to choose when to have a child and wanted more than $4 million in damages for “non-pathological emotional harm of an unplanned parenthood”. In 2016, the man's first lawsuit was dismissed, with the original trial judge finding no legal basis for the claim. The man subsequently appealed to the Court of Appeal, which dismissed the appeal and awarded the woman $8,000 to cover some of the legal costs she incurred.
- [Do Step-Parents Have a Child Support Obligation?](https://lisagelman.com/blog/do-step-parents-have-a-child-support-obligation/): The basic principles of child support with respect to a biological parent's obligation to pay are relatively straight-forward:  the non-custodial parent is obligated to pay child support to the custodial parent in an amount determined by a formula.  Issues of custody (shared, sole, etc.) and issues surrounding the financial needs and means of the parties are often complex, however, the obligation to pay is rarely in dispute.  Contrast this with the situation where a party seeks to obtain a child support payment from a step-parent.  When and why does a step-parent have a child support obligation? The Relevant Legislation One must start this analysis by looking at the definition of "child" in the relevant legislation. In Ontario, the definition of "child" in s. 1(1) of the Family Law Act reads as follows:
- [Does Spousal Support Terminate When the Payor Retires?](https://lisagelman.com/blog/does-spousal-support-terminate-when-the-payor-retires/): Retirement and a Consequent Income Reduction In Schulstad v. Schulstad, the Court of Appeal for Ontario rendered a decision on an appeal of an order terminating the husband's obligations to continue to pay spousal support and maintain life insurance for the wife's benefit past the husband's retirement date. Prior to his retirement, Mr. Schulstad worked as a general surgeon earning an annual salary of over $250,000 USD.  In January 2014 he brought an application to terminate his spousal support and life insurance obligations effective June 1, 2016 on the basis that he was planning to retire in June 2016.  He also sought to reduce his obligations leading up to his retirement date. At the time of his application, Mr. Schulstad was paying Mrs. Schulstad $10,000 CAD per month in spousal support and maintaining life insurance policies at a monthly cost of about $300 USD.  Mr. Schulstad estimated that his post-retirement income would amount to approximately $35,000 to $40,000 USD from pensions and investments. The parties had been married for over 24 years when they separated in 1990.  The marriage was described as
- [The Lawyer’s Role in the Collaborative Process](https://lisagelman.com/blog/the-lawyers-role-in-the-collaborative-process/): The Ontario Superior Court of Justice recently had the opportunity to review a lawyer's role in the collaborative process when the husband in a family law matter (Mr. Elliott) brought a motion to have the lawyer acting for his ex removed as solicitor of record.  Mr. Elliott argued that the lawyer should be removed on the basis that she had first acted as collaborative counsel for his ex, and that to permit her to continue to act as counsel in the context of litigation would be contrary to the principles of collaborative practice. The Collaborative Process In Elliott v. Elliott, Justice Fryer described the collaborative process as a "valuable dispute resolution option for separating parties".  It is unique from mediation or arbitration.  During the collaborative process the parties drive the negotiations with assistance from their individual collaborative lawyers.  Collaborative lawyers have specialized training, and they are expected to adhere to both the procedural form of the process, as well as the spirit of the process.  Justice Fryer elaborated further on the process:
- [It’s Okay if Your Ex Never Apologizes](https://lisagelman.com/blog/its-okay-if-your-ex-never-apologizes/): During the throes of divorce, it’s difficult to understand what went wrong, who is to blame, and what should have happened differently. Hopefully, as you move past the pain of divorce, you begin to understand that both parties had a hand in the downfall of your marriage. There were things that both of you probably should or shouldn’t have done. You may even feel that you want to apologize to your ex as you move on to the next phase in your life. But you can’t always expect an apology in return, and that’s okay. Apologize for the Right Reasons: If you say you’re sorry to your ex, do so because you feel in your heart that it’s the right thing to do. Say it because you know that you mean it, and because you know you have learned lessons that will help you in future relationships. Don’t say it because you expect to get it back. This will only lead to disappointment, as you can’t know what kind of emotional growth your former spouse has or hasn’t gone through. Do it for you, not to get the same in return. Don’t Regret It: You might have friends or family that feel you shouldn’t have apologized because you weren’t at fault, or maybe because you were the “least wrong.” But acknowledging your mistakes, no matter how small they were, can be emotionally cleansing. It doesn’t give the other spouse power over you, and it doesn’t make you the weaker person. Instead, you’ll know that you did the right thing. Forgive Anyway: Just because your ex never says he or she is sorry, or even if they don’t believe they have a reason to say it, you can still forgive. Once again, do this for your own benefit. Forgiveness allows you to let go of bitter feelings towards your ex and open your heart up to more positive emotions. It doesn’t mean that you have to forget what happened, because acknowledging the past is how you learn. But you don’t have to hold onto it or continue to feel like a victim. If you find that you have apologies to express and forgiveness in your heart, then go right ahead and own it. Don’t worry about how your ex or anyone else feels about it, because it’s part of your emotional healing. Your former spouse doesn’t have to return the expression to make it valid, and besides, you can live the rest of your life knowing you were the bigger person.
- [What Happens When a Will is Lost or Destroyed?](https://lisagelman.com/blog/what-happens-when-a-will-is-lost-or-destroyed/): What happens when a signed, valid copy of a will cannot be located after an individual passes away?
- [Child Protection Law in Ontario – Katelynn’s Principle & Bill 89](https://lisagelman.com/blog/child-protection-law-in-ontario-katelynns-principle-bill-89/): You've undoubtedly heard the name Katelynn Sampson along with the unforgettable details of the physical abuse she endured at the hands of the people charged with her care and safety. Seven-year-old Katelynn died in 2008 after her body went into septic shock. Her autopsy revealed that she had 70 wounds at the time of her death, and that she had been struck so hard at one point her liver ruptured.
- [Testamentary Capacity & Undue Influence – Challenging a Will’s Validity](https://lisagelman.com/blog/testamentary-capacity-undue-influence-challenging-a-wills-validity/): In November 2016, the Court of Appeal for Saskatchewan released its decision in an estate law case (Bachman v. Scheidt Estate) in which the daughter of the deceased sought to have her father's will proven in solemn form.  She alleged that the deceased did not have the necessary testamentary capacity to execute the will in question, and that her brother had unduly influenced their father.
- [What is a Paternity Agreement?](https://lisagelman.com/blog/what-is-a-paternity-agreement/): A "Paternity Agreement" is a type of Domestic Contract.  A Paternity Agreement will typically arise in a situation where parties:
- [Parenting & Mental Illness: A Custody Decision](https://lisagelman.com/blog/parenting-mental-illness-a-custody-decision/): A Manitoba Court recently examined the relationship between mental illness and parenting when it was asked to rule on the issue of custody with respect to the children of a divorced couple who were dealing with the mother's Delusional Disorder diagnosis and the father's violent temper.
- [What a CDFA Can Do For You](https://lisagelman.com/blog/what-a-cdfa-can-do-for-you/): Divorce is not an easy process.  At the end of the day, opposing parties may emerge relieved but no one is ever really happy with the final result.  There is always a sense of loss on both sides, emotionally and especially financially.
- [Does Retirement End Spousal Support Payments?](https://lisagelman.com/blog/does-retirement-end-spousal-support-payments/): I just read an excellent paper on retirement and its impact on the payment of spousal support which I thought might be of interest to my readers. The paper is entitled "Can a Support Payor Ever Retire?" by Jodi R Fleishman. I would be happy to provide you with a copy of the paper – just send me an e-mail request.
- [Assisted Reproduction – Declarations of Parentage and Non-Parentage](https://lisagelman.com/blog/assisted-reproduction-declarations-of-parentage-and-non-parentage/): In Family Law Act (Re), Justice Fitzpatrick of the Supreme Court of British Columbia granted a same sex couple's application for a declaration of parentage following the birth of their child. The child's birth was made possible by the contribution of eggs from a female donor and the participation of a surrogate mother. In addition to ordering and declaring that the male couple (D and M) are the child's parents, Justice Fitzpatrick ordered and declared that the egg donor (M) and the surrogate (E) are not the child's parent.
- [Should a Sperm Donor be Held Liable for Child Support?](https://lisagelman.com/blog/should-a-sperm-donor-be-held-liable-for-child-support/): "Doctor sues gay friend for child support, 16 years after he first donated sperm to her"
- [Living Separate and Apart Under the Same Roof](https://lisagelman.com/blog/living-separate-and-apart-under-the-same-roof/): One of the most important property-related issues that must be dealt with during a separation and/or divorce is the equalization of net family property. In a nutshell, Ontario's property equalization scheme provides that when two people enter into a marriage, each spouse becomes automatically entitled to an equal share of the profits of the marriage.
- [Enforcing Child Support Orders in Ontario](https://lisagelman.com/blog/enforcing-child-support-orders-in-ontario/): Whether you're the recipient or payor of child support, you may be wondering how child support orders are enforced in Ontario.
- [Understanding the Hague Convention:  Some Recent Case Examples](https://lisagelman.com/blog/understanding-the-hague-convention-some-recent-case-examples/): The Ontario Court of Appeal recently ruled on the question of whether a mother wrongfully retained her children in Canada, in breach of the father's custody rights under German law. The Court ordered the mother to return the children to Germany where the father lived. As we recently commented in an article published on AdvocateDaily.com, we believe that the Court in Balev v. Baggott got it right:
- [Domestic Violence & Restraining Orders:  Legal Principles](https://lisagelman.com/blog/domestic-violence-restraining-orders-legal-principles/): We've previously looked at the topic of restraining orders, which, in the context of family court, are orders that prohibit the contact that one party can have with another. A restraining order has to be requested by way of a motion (which can be done with the help of a Toronto domestic violence lawyer), and the party seeking the order must provide affidavit evidence to substantiate the need for the order.
- [Can’t Communicate With Your Ex?  Sole Custody May be Best for the Child](https://lisagelman.com/blog/cant-communicate-with-your-ex-sole-custody-may-be-best-for-the-child/): In a previous blog post, we explored the meaning of joint custody and reviewed some scenarios in which it would be the appropriate custodial situation for a child.  Joint custody gives both parents full decision-making authority and responsibility in all areas respecting the child.  Major decisions regarding the child’s health, education, and well-being are made together.  We explained that when considering whether joint custody is in the best interests of the child, effective communication between the parties is key:
- [Spousal Support Awards  – Compensatory and Non-Compensatory Claims](https://lisagelman.com/blog/spousal-support-awards-compensatory-and-non-compensatory-claims/): In a recent decision of the Ontario Superior Court of Justice (Noel v. Noel), the Court awarded spousal support to Mr. Noel, finding that he was entitled to this award on both a compensatory and non-compensatory basis.
- [Co-Parenting:  Is There an App for That?](https://lisagelman.com/blog/co-parenting-is-there-an-app-for-that/): The term "co-parenting" generally refers to a situation where two parents work together to raise a child even though they are divorced, separated or no longer living together.
- [The Consequences of Dying Without a Will](https://lisagelman.com/blog/the-consequences-of-dying-without-a-will/): We've previously highlighted the importance of drafting a legally binding will in the Wills and Power of Attorney section of our website and in our blog on Mutual Wills.  A will gives you control over the distribution of your assets, the ability to select Estate Trustee(s), and the opportunity to address guardianship and inheritance matters with respect to your children. At Gelman & Associates, our Toronto estate planning lawyers frequently help clients draft, review, and update their wills to prevent negative or unwanted outcomes.
- [A Court Cannot Order Parties to Appoint a Parenting Coordinator to Settle Disputes](https://lisagelman.com/blog/a-court-cannot-order-parties-to-appoint-a-parenting-coordinator-to-settle-disputes/): Following a case conference, parties to a family law proceeding (Michelon v. Ryder) reached a comprehensive agreement on a final order.  The Court noted that the agreement was an excellent result for all involved.  However, the Court questioned its jurisdiction to include a term in the order requiring the parties to submit to secondary arbitration.
- [Imputing Income to an Intentionally Under-Employed Parent](https://lisagelman.com/blog/imputing-income-to-an-intentionally-under-employed-parent/): It’s not uncommon for a parent to seek to impute income to other parent for the purposes of support calculations, especially if they suspect he or she is intentionally under-employed. In a recent decision of the Ontario Court of Justice (Charron v. Carriere), the Court imputed income to both the father and the mother, finding that they were both under-employed.
- [Intention vs. The Wording of a Will](https://lisagelman.com/blog/intention-vs-the-wording-of-a-will/): What happens if the words in a will seem to contradict statements made by the deceased prior to his or her death? The Ontario Superior Court of Justice examined this issue in a recent case (Royston (Trustees of) v. Alkerton). If you have encountered a dispute such as this, our Toronto estate planning lawyers may be able to assist.
- [“First-Family-First”:  When Might a Second Family Impact a Support Obligation?](https://lisagelman.com/blog/first-family-first-when-might-a-second-family-impact-a-support-obligation/): It’s not uncommon for an individual who is obligated to pay spousal support to want to reduce or eliminate that obligation after he or she has entered into a new relationship. This is especially true if financial responsibility for that new, or “second” family arises.
- [Occupation Rent – When is it Awarded?](https://lisagelman.com/blog/occupation-rent-when-is-it-awarded/): If you are going through a separation, one of the issues you may have to consider is whether you or your spouse may owe the other occupation rent if one of you stays in a jointly owned matrimonial home.
- [Can a Settled Custody Order be Changed?](https://lisagelman.com/blog/can-a-settled-custody-order-be-changed/): In a recent decision of the Ontario Court of Justice (Mohammad v. Mahmood), the Court was asked to consider whether it was appropriate to change an order for joint custody to an order for sole custody in favour of the father.
- [Dividing Personal Property in Separation & Divorce](https://lisagelman.com/blog/dividing-personal-property-in-separation-divorce/): When you think about divorce, you probably think about all the normal things that you and your soon-to-be-former spouse must split up:  time with the kids, money, the house, and the bills.  But you also have to decide how to divide your personal property.  Whether it’s something as big as an expensive television or as small as box of old books, everything will need a home with one of you or the other.  It can seem overwhelming at first, since up until now you and your spouse have been spending time filling up your home with various items.  But here are a few things to think about as you tackle the problem.
- [Division of Net Family Property – Is it Always Equal?](https://lisagelman.com/blog/division-of-net-family-property-is-it-always-equal/): You know that when a relationship ends, property gets divided up.  But does it always have to be a 50/50 split?
- [Understanding Joint Custody](https://lisagelman.com/blog/understanding-joint-custody/): In Family Law, the term “custody” refers to parental decision-making and authority respecting a child.  In 1993, the Supreme Court of Canada stated that “...the custodial parent is responsible for the care and upbringing of the child, including decisions concerning the education, religion, health and well-being of the child.”  (Young v. Young)
- [The Voice of the Child](https://lisagelman.com/blog/the-voice-of-the-child/): Legal professionals, judges and therapists have all contemplated on how to ascertain the views and preferences of children in custody and access disputes.  There are several ways that children’s views and preferences are engaged in the family law process. Children have testified in family court during a trial, have been interviewed by judges, have been represented by a Children’s Lawyer, have had a Child Therapist testify or write a report on their behalf, or have been interviewed by a child specialist in mediation or collaborative law. All of these processes have highlighted the importance of children being part of the separation and providing their perspective of what they are experiencing.  It is important to understand that children are living and breathing this conflict and have the right to be heard.  However, the more pertinent question is how influential are their views and preferences in shaping a decision.
- [Gelman & Associates – The Consumers’ Choice](https://lisagelman.com/blog/gelman-associates-the-consumers-choice/): Lisa Gelman, owner of Gelman & Associates is proud to announce that her family law firm has been named the winner of the 2016 Consumer Choice Award (CCA) for the Greater Toronto Area in the category of Family Law.
- [Mutual Wills – Be Clear and Beware!](https://lisagelman.com/blog/mutual-wills-be-clear-and-beware/): The Ontario Superior Court of Justice recently looked at the concept of mutual wills in a case where a wife changed her will after her husband's death to exclude her stepchildren from the inheritance.
- [Travelling Abroad With Children – Do I Need a Consent Letter?](https://lisagelman.com/blog/travelling-abroad-with-children-do-i-need-a-consent-letter/): You've planned every detail of your trip. Your bags are packed, you've booked time off work, and you've arranged for your neighbour to take in the newspaper and feed your furry or feathered companion. The kids are excited about your destination and talk non-stop about the adventures that will unfold along the way. You're all set!
- [Lisa Gelman makes the W100 Canada’s Top Female Entrepreneurs!](https://lisagelman.com/blog/lisa-gelman-makes-the-w100-canadas-top-female-entrepreneurs/): Lisa Gelman makes the W100!
- [What Does Divorce Mean for Your Inheritance?](https://lisagelman.com/blog/what-does-divorce-mean-for-your-inheritance/): Under Ontario's Family Law Act, when two people enter into a marriage, each spouse becomes automatically entitled to an equal share of the increase in value of property acquired during the marriage, subject to certain exceptions. This is known as the “right to equalization.”
- [Toronto Man Acquitted in Canada’s First Criminal Harassment Case Involving Twitter](https://lisagelman.com/blog/toronto-man-acquitted-in-canadas-first-criminal-harassment-case-involving-twitter/): On January 22, 2016, the Ontario Court of Justice found a Toronto man, Gregory Alan Elliott, not guilty of criminal harassment. The Court’s decision in R. v. Elliott, 2016 ONCJ 35 is notable for family law practitioners as the first criminal harassment case in Canada involving Twitter.
- [Feelings of Guilt During Separation & Divorce](https://lisagelman.com/blog/feelings-of-guilt-during-separation-divorce/): You’ve decided that your marriage simply isn’t going to work for you anymore.  There could be numerous reasons, and you know that this is the right decision for you.  Even though you know this is good for you, you may be feeling guilty.  This is particularly likely if you are the partner who chose to end the relationship or if you feel that you could have done more to save your marriage.  If there are children involved, you may feel guilty regardless of who initiated the divorce process.
- [My abusive ex won’t leave the house! What should I do?](https://lisagelman.com/blog/my-abusive-ex-wont-leave-the-house-what-should-i-do/): The law provides that married people have the right to reside in the matrimonial home regardless of ownership until there is consent or Court Order otherwise.
- [The Basics of An Annulment](https://lisagelman.com/blog/the-basics-of-an-annulment/): Question: I don’t want to get divorced. Can I get an annulment instead?
- [At What Age Can a Child Refuse Visitations with the Other Parent?](https://lisagelman.com/blog/at-what-age-can-a-child-refuse-visitations-with-the-other-parent/): Children can refuse visitations at any age, but the onus is on the non-access parent to facilitate access. Generally, the older a child is, the more deference will be given to his or her wishes. Once a child is in his or her early teens, the child can “vote with their feet.” Generally speaking, the courts are loathe to compel a child 13 or over to participate in access that the child does not want.
- [Can I Change the Locks on my Matrimonial Home?](https://lisagelman.com/blog/can-i-change-the-locks-on-my-matrimonial-home/): A: Absent a court order that grants one spouse exclusive possession of the matrimonial home, you are not allowed to take steps to frustrate your spouse’s possessory right to the matrimonial home. Even if your spouse has moved out voluntarily, s/he is at liberty to return to the house at any time.
- [Party Planning with Your Ex](https://lisagelman.com/blog/party-planning-with-your-ex/): When you get divorced, you know that many things are going to change.  One of the big ones is how you celebrate birthdays and holidays with your children.  It is often outlined in divorce agreements when each parent will have the children for which holiday, but in reality it can become more complicated than that.  Here are a few things you might want to consider:
- [Family Court is Open to the Public](https://lisagelman.com/blog/family-court-is-open-to-the-public/): In Canada, we have an open court system. That is probably obvious from the daily bombardment of information coming out of two sensational Ontario court cases presently under way: the Jian Ghomeshi sexual assault trial and the trial of Tim Bosma’s alleged killers. People might know that criminal proceedings are public and that citizens are invited to sit in and observe a criminal trial in any court in the land. But what people might not know is that the same is true of family law cases.
- [Dealing with a Narcissistic Ex](https://lisagelman.com/blog/dealing-with-a-narcissistic-ex/): It isn't always easy to deal with an ex, and it's made that much worse when your ex is a narcissist.  You probably didn't realize that your ex was a narcissist when you first met him.  He probably seemed perfectly nice and even charming.  Slowly, though, that façade melted away to reveal a person who believes the world revolves around him.  He may have accused you of stopping him from fulfilling his dreams, pointed out every flaw of yours he could find, or controlled and manipulated every aspect of your life.  While a divorce might have been the best thing for the two of you, it likely only brought out the worst in him.  A narcissist doesn't deal well with being rejected or being told he's wrong. If you believe you may be dealing with a high-conflict ex, our narcissistic ex lawyers in Toronto may be able to help you. Here are a few tips for dealing with a narcissistic ex:
- [Amy Poehler’s Take on Divorce](https://lisagelman.com/blog/amy-poehlers-take-on-divorce/): Amy Poehler has written a book called "YES PLEASE". It is a hilarious, and often wise, account of life, love and the pursuit of happiness. Last night, I read her chapter entitled "My Books on Divorce". I laughed out loud. As a divorced woman, I could relate to a number of her book suggestions. As a family lawyer, I could relate to others, having worked with hundreds of clients over the years. Although I would suggest you read Amy's entire book, below are some quotations from a series of divorce books Amy is currently pitching to her editor.
- [Common Law Cohabitation and Property Rights](https://lisagelman.com/blog/common-law-cohabitation-and-property-rights/): In Ontario, common law couples do not automatically have property rights in the way that married couples do. Rather, when you are common law, ownership is strictly by title. In simplest terms, this means that each party leaves the relationship with whatever is in his or her name, and assets are not subject to division or equalization.
- [Substance Abuse and Divorce](https://lisagelman.com/blog/substance-abuse-and-divorce/): Addiction can alter or even destroy relationships, so it’s no surprise that it can sometimes be a factor in a couples’ divorce as well.  It can cause trust issues, financial problems, and concerns about raising children.  Dependency can take the person with whom you fell in love and completely transform them into your worst nightmare.  It can aggravate other issues a couple might be having, and can be just as detrimental to a divorce as an extramarital affair.  When confronting substance abuse and divorce, the choice to leave an addict can be even more difficult and scary than a divorce where substance issues are not present.
- [Is Social Media Affecting Your Marriage?](https://lisagelman.com/blog/is-social-media-affecting-your-marriage/): Is social media affecting your marriage? It isn’t unusual to see people using their cell phones to check social media.  They update their Facebook status while they wait in line at the bank, Instagram their dinner while at a restaurant, or compose a quick tweet while out with friends.  While social media is a wonderful tool for connecting with friends and staying entertained in the waiting room, recent studies are showing that it is also contributing to divorce rates and triggering many other relationship issues.
- [You’re Never Too Old:  Grey Divorce](https://lisagelman.com/blog/youre-never-too-old-grey-divorce/): It’s difficult enough to get divorced after five or ten years of marriage, when you still have your career to focus on and plenty of time to restart your life. But more and more often, couples are splitting up after thirty, forty, or even fifty years together. “Grey divorce” is a trend that is on the rise as the stigma about divorces is rapidly shifting toward acceptance.  Just like unhappy couples in other demographics, there are numerous reasons that people over 50 are choosing to separate.  Some feel that they no longer have to stick out an unhappy relationship “for the kids,” who are now grown and have left the nest. It appears to be true.
- [Voice of the Child Reports ensure kids’ perspectives are represented](https://lisagelman.com/blog/voice-of-the-child-reports-ensure-kids-perspectives-are-represented/): With an aim of creating more constructive, positive outcomes for parties dealing with custody and access issues, Toronto family lawyer Jennifer Samara Shuber is now offering her services in preparing Voice of the Child Reports as a part of her practice.
- [Falsely Accused in Custody Disputes](https://lisagelman.com/blog/falsely-accused-in-custody-disputes/): Child abuse allegations aggravate custody disputes. Whether counsel represents the alleged abuser or the parent making the allegation, these cases are fraught with difficulty. The issue is a sensitive one, exposing intimate family details and raw emotion which are difficult to handle. The allegations often develop a life of their own, which makes these cases a challenge to resolve. The involvement of Children's Aid, the police or the Office of the Children's Lawyer further complicates things, as does the risk of multiple proceedings, including family law, child protection and/or criminal.
- [Post Divorce – What to Update](https://lisagelman.com/blog/post-divorce-what-to-update/): When two people make the decision to separate, there are a number of issues that need to be resolved before the divorce can be finalized. Issues such as child support, child custody, spousal support and the equalization of property.
- [Same Sex Adoption – Where Couples Stand](https://lisagelman.com/blog/same-sex-adoption-where-couples-stand/): Right now, couples seeking a same sex adoption is more common and widely accepted than at any other time in history.  To live in an era of such freedom and social acceptance is quite fortunate to say the least – a far cry from just a few decades ago where the concept of gay and lesbian couples adopting children would have seemed quite alien.
- [Division of Property: The Matrimonial Home](https://lisagelman.com/blog/division-of-property-the-matrimonial-home/): For many people, the largest asset that they may ever own is their matrimonial home. It is meant to be a place of security and comfort where couples hope to rear and raise a family. So it is not surprising that the matrimonial home receives special attention during any divorce proceeding.
- [Common Law and Property Equalization](https://lisagelman.com/blog/common-law-and-property-equalization/): When a marriage is dissolved, each partner is entitled to share one half of the increase in value of their family property and must also share in the losses amassed while they were married. Any increase in the value of property owned by one spouse during the time the couple was married must legally be equalized. When it comes to common law and property equalization, not all things are exactly equal.
- [Some Important Information on the Special Nature of the Matrimonial Home](https://lisagelman.com/blog/some-important-information-on-the-special-nature-of-the-matrimonial-home/): A matrimonial home has special treatment under Ontario law. Parties should be aware of the many ways in which a matrimonial home is treated differently from other assets, so that they can plan accordingly. Since only married spouses can have a matrimonial home at present, this information is only applicable to those who are, or plan to be, married.
- [Financial Disclosure and Child Support](https://lisagelman.com/blog/financial-disclosure-and-child-support/): Every parent has a legal duty to support their dependent children to the best of their ability. That's why financial disclosure and child support are so intimately connected.
- [False Allegations During Divorce Proceedings](https://lisagelman.com/blog/false-allegations-during-divorce-proceedings/): Unfortunately, from time to time, when a marriage breaks down, some spouses take the dramatic step of making false allegations during divorce proceedings against the other spouse. Particularly during highly contested custody battles.
- [Adoption in Ontario](https://lisagelman.com/blog/adoption-in-ontario/): Adoptive Parents
- [Add it Up: Beyond Basic Child Support](https://lisagelman.com/blog/add-it-up-beyond-basic-child-support/): Lawyers are typically tasked with revealing some tough realities to their clients. Sometimes it's advising a client that arguing over a piece of furniture (in the long run) will only cost them more than the piece might be worth. And sometimes it's a matter of discussing Child Support and the financial obligations that they must now face.
- [The “Adult Child” and Child Support](https://lisagelman.com/blog/the-adult-child-and-child-support/): Parents often wish to understand their child support obligations after their children turn eighteen.  Many believe that child support ends at that time and that they no longer have to pay child support for that child.  In some circumstances however, child support does end once a child turns eighteen.  In many other circumstances, child support continues to be paid beyond this milestone. Lawyers sometimes refer to this as support for an adult child. This article deals with the topic of the "adult child" and child support.
- [How Counselling Can Help on the Road From Separation to Divorce](https://lisagelman.com/blog/how-counselling-can-help-on-the-road-from-separation-to-divorce/): So, you and your spouse have tried to talk and work towards getting along better, but somehow things go back to the way they were no matter how hard you try. Perhaps it’s time to consider working with a professional who can help guide you towards making permanent change – sometimes together and other times apart.
- [Don’t Fall Into a Trap: Marriage Contracts](https://lisagelman.com/blog/dont-fall-into-a-trap-marriage-contracts/): A marriage contract is one of the three types of domestic contracts as set out in the Family Law Act in the Province of Ontario.  A marriage contract is similar in concept to a “pre-nuptial agreement” or, “prenup”, as it is called in the United States.  A marriage contract can be entered into prior to marriage or at any time before the marriage breaks down.  Marriage contracts must be in writing, signed and witnessed for it to be formally valid and recognized as a domestic contract.
- [Help! My Ex Won’t Pick Up My Kids](https://lisagelman.com/blog/help-my-ex-wont-pick-up-my-kids/): It’s incredibly hard for any parent to see disappointment on a child’s face, but unfortunately, divorce can bring that look home much more frequently. That’s heartbreaking to a mom or dad – especially when it’s because the other parent failed to show up to visit the children.
- [What to do If Your Spouse Doesn’t Have a Divorce Lawyer?](https://lisagelman.com/blog/what-to-do-if-your-spouse-doesnt-have-a-divorce-lawyer/): It seems like common sense to work with a Scarborough divorce lawyer. After all, Ontario law can be complex and confusing; if you have to worry about issues such as child custody and the division of your assets, you might feel like it’s foolish to navigate divorce without a lawyer.
- [Fighting with Your Ex – Is it Really Worth It?](https://lisagelman.com/blog/fighting-with-your-ex-is-it-really-worth-it/): When a marriage ends, the stress of communicating with each other can be overwhelming. Emotions run high during divorce, but for your own sake, it’s wise to keep the stress to a minimum… but that’s easier said than done.
- [How to Deal with Angry Ex-In-Laws](https://lisagelman.com/blog/how-to-deal-with-angry-ex-in-laws/): During a divorce, it’s not uncommon to deal with the whole spectrum of emotions – and that goes for everyone involved. You, your ex-spouse, and your immediate families are all affected by the split. That means in-laws, too, and whether or not you wanted the divorce, your ex’s parents might be pretty angry over the whole ordeal.
- [What to do When Your Ex Won’t Let You See Your Children](https://lisagelman.com/blog/what-to-do-when-your-ex-wont-let-you-see-your-children/): Divorce is an emotionally trying time, and when your ex-spouse is making things more difficult by keeping your children out of reach, it’s incredibly stressful. It’s important that you talk to your Brampton divorce lawyer immediately if your ex won’t let you see your children; there may be a legal remedy that helps keep your relationship with your kids intact.
- [Post Divorce: To Rent or to Own? That is the Question!](https://lisagelman.com/blog/post-divorce-to-rent-or-to-own-that-is-the-question/): It is often heard that ‘home is where the heart is’.   As a couple, you spend your time together building a home, building a life, and making memories that you hope will last forever.  Divorce presents you with life changing circumstances, however, and all of a sudden your home that you have known for so long is no longer.   You are now faced with much uncertainty and indecision.
- [Dating Post Divorce](https://lisagelman.com/blog/dating-post-divorce/): I have often felt like a social guinea pig.
- [When a Parent Moves Away](https://lisagelman.com/blog/when-a-parent-moves-away/): Your divorce might require you or the other parent to move out of town. A long-distance move can be one of the deciding factors in the court’s custody decision if you and your ex don’t agree on who gets the kids. Your location can also have an effect on how often you can reasonably see your children and your relationship with them. Your divorce lawyer will help you come to an agreement on custody with your ex, and can help you revisit the issue of custody after your divorce is complete, but knowing what can impact your case is half the battle.
- [I’m Proud of PRIDE as Toronto Family Lawyers](https://lisagelman.com/blog/im-proud-of-pride-as-toronto-family-lawyers/): This past week, Toronto was host to WorldPride for the first time, culminating a 34 year tradition of local Pride celebrations. Also this past week, my cousin and his husband became parents and welcomed a healthy and happy 9 pound 7 ounce baby boy to their family. A few weeks ago, in June, Ontario elected an openly gay premiere. These events in quick succession have made me reflect. Have made me proud to be a Canadian, a Torontonian and a family lawyer. And it made me realize how far we have come.
- [Division of property on marriage breakdown](https://lisagelman.com/blog/division-of-property-on-marriage-breakdown/): Our tax system generally imposes tax consequences where property is transferred between persons related to one another (referred to in tax terminology as non-arm’s length parties) for any amount other than the fair market value of that property. However, different rules apply where property transfers take place as a result of marriage breakdown.
- [Taxation of third-party payments](https://lisagelman.com/blog/taxation-of-third-party-payments/): The general rule is that for an amount to qualify as a support amount it must be paid directly to the recipient, and the recipient must have control over how the funds are spent. However, following a separation, it often happens that the person who was, during the marriage, responsible for the payment of certain expenditures, such as property taxes on the family home, will continue to pay those amounts directly to a third party. Such amounts can be treated for tax purposes as support amounts; however, it's important to structure such payments carefully, as seemingly insignificant differences in the way the payments are made can have unintended and unwelcome tax consequences. The general rule in this area is that payments made directly to third parties may be deducted by the payor and included in the income of the recipient where the following criteria are met:
- [Child Support for A Child Away at University](https://lisagelman.com/blog/child-support-for-a-child-away-at-university/): Many support payors are under the impression that child support ceases when that child leaves home to attend a post-secondary institution. Our courts, however, have taken a different approach. Child support is reduced but not eliminated. In these cases, the issue is whether the parent receiving child support must reasonably maintain a home base for that child.
- [Parental alienation cases require creative counsel](https://lisagelman.com/blog/parental-alienation-cases-require-creative-counsel/): When it comes to parental alienation cases – arguably the toughest type of high-conflict custody dispute – case law proves attending lawyers must be sensitive, focused, detail-oriented and well informed on mental health literature, Toronto family lawyer Jennifer Samara Shuber writes in a paper for the Law Society of Upper Canada.
- [The Psychology of Cheating](https://lisagelman.com/blog/the-psychology-of-cheating/): Marriage is susceptible to all kinds of pressures; some internal and some external. Sometimes one partner goes outside the marriage to fulfill emotional or sexual needs—but what leads to cheating, and can it be prevented?
- [Arbitration: Pros and Cons](https://lisagelman.com/blog/arbitration-pros-and-cons/): Today it is becoming more popular for families to choose arbitration as a viable alternative to contested litigation when resolving spousal disputes. This trend is due in part to the fact that many Canadian lawyers are choosing to include arbitration clauses in separation agreements. You may be wondering if this is something you should consider? This article will outline the pros and cons to choosing arbitration as your method of resolving spousal disputes.
- [Same Sex Divorce in Canada](https://lisagelman.com/blog/same-sex-divorce-in-canada/): For more information please read "Understanding Same Sex Divorce in Canada"
- [Common Law Relationships – The Details](https://lisagelman.com/blog/common-law-relationships-the-details/): It is becoming more and more popular for couples to choose to enter into common law relationships. A common law relationship is one where two people live together and share their lives, but they are not legally married.
- [Can the amount of child support change?](https://lisagelman.com/blog/can-the-amount-of-child-support-change/): As your child grows, circumstances will inevitably change. Your child's financial needs tend to increase as they get older, and your financial situation could change as well. You could move, change jobs, or any number of events could impact your financial situation. Many parents wonder how these changes might affect their obligations with regard to spousal support and child support. This article will answer your questions regarding when and how a child support order can be varied.
- [Different Types of Child Support Orders](https://lisagelman.com/blog/different-types-of-child-support-orders/): A child support order will dictate not only the amount that is to be paid, but also how and when the payments will be made. There are three main types of orders for child support; this article will discuss the different types as well as when each type of order is appropriate.
- [Variation and Recission of Custody and Access Orders](https://lisagelman.com/blog/variation-and-recission-of-custody-and-access-orders/): As the best interests of the child is a fluid concept and constantly changing, it is not surprising that custody orders occasionally need to be modified to address these changes. It is important to keep in mind, however, that the fact that a child is growing and maturing does not on its face constitute a material change in circumstances warranting a variation. The court will not consider altering an order simply because the child’s needs have changed due to their older age. This article will address both the process for seeking a variation as well as the legal standard that will need to be met.
- [My Spouse Says He Loves Me but Wants a Divorce](https://lisagelman.com/blog/my-spouse-says-he-loves-me-but-wants-a-divorce/): It's one of the most unfair scenarios in divorce: your spouse gives you conflicting information and exhibits mixed behaviour that leaves you drowning in confusion.
- [Restrictions to Divorce](https://lisagelman.com/blog/restrictions-to-divorce/):  The Divorce Act provides four situations in which someone seeking a divorce will be prohibited from doing so. Those four circumstances exist where there is collusion, connivance, condonation, or where there is an absence of reasonable arrangements for child support.
- [High Conflict Custody Cases](https://lisagelman.com/blog/high-conflict-custody-cases/): Every divorce is different and has its own unique set of circumstances. Sometimes parties to a divorce simply realize they have grown apart and amicably decide to go their separate ways. Other situations are more contentious. While it is preferable for parties to be able to work out family law issues by reaching amicable agreements without resorting to litigation, such action is not always possible.
- [“Best Interests of the Child”: What does this really mean?](https://lisagelman.com/blog/best-interests-of-the-child-what-does-this-really-mean/): In making a custody determination, the polar star that guides the court’s decision is the best interests of the child. This concept of the best interests of the child is a legal standard, and in order to apply it to your custody proceedings, a judge will have to consider various factors. This article is designed to give you an idea of what the best interests of the child are, and how the courts make such a determination.
- [Interim Custody Arrangements and Orders](https://lisagelman.com/blog/interim-custody-arrangements-and-orders/): Divorce, and divorce related proceedings are emotionally draining. Not only are you and your former spouse dealing with the logistics of separating your finances and property, and figuring out an arrangement for your children, but you are also experiencing extreme emotions. (For an in depth discussion about the emotional aspects of divorce, see this article – link – on our divorce page).
- [Common Law Relationships in Ontario – The Details](https://lisagelman.com/blog/common-law-relationships-in-ontario-the-details/): According to the latest census, the number of common law relationships in Canada continues to surge.
- [Answering Adult Kids’ Questions about Divorce](https://lisagelman.com/blog/answering-adult-kids-questions-about-divorce/): Adult kids can feel the impact of parents’ divorces just as acutely as younger children do—and they may have a lot of questions about your split.
- [What to Do When You Miss Your Kids](https://lisagelman.com/blog/what-to-do-when-you-miss-your-kids/): When you’re a divorced parent, missing your kids is just par for the course. Naturally, knowing that doesn’t make you feel any less lonely when they’re not with you—but it can help you keep things in perspective until you see them again.
- [Kids’ Sports: Who Goes to Practice?](https://lisagelman.com/blog/kids-sports-who-goes-to-practice/): When your kids are involved in school sports and your child custody agreement splits up practice days between you and your ex, who’s supposed to be sitting in the bleachers? Should you lay low on your ex’s days and expect him or her to do the same, or is it okay for both of you to go?
- [Dining Out During Divorce: A Recipe for Disaster?](https://lisagelman.com/blog/dining-out-during-divorce-a-recipe-for-disaster/): During your divorce, you’re probably pressed for time; between work, kids and meetings with your Toronto divorce lawyer, there are probably mere moments left to spare before you collapse into bed at night. That might mean it’s pretty tempting to eat fast food, order delivery or simply stop by your favourite restaurant when dinnertime hits… but dining out may be one of the worst things you can do—both for your body and your family.
- [Child Support and the Age of Majority](https://lisagelman.com/blog/child-support-and-the-age-of-majority/): Parents in Ontario have a positive obligation to support their children under the both the Family Law Act and the Divorce Act. When the children are under the age of majority, the amount of support payable by a parent is simple to calculate as it is based on a Child Support Table.  The Table amount of support that a parent is obligated to pay is based on the payor parent’s income and the number of children who are entitled to support. The Table amount of child support generally covers the child’s basic needs.
- [Holding the Family Responsibility Office Responsible](https://lisagelman.com/blog/holding-the-family-responsibility-office-responsible/): No matter what side of the fence they are on, clients seem frustrated with the Family Responsibility Office (FRO). Whether one client claims FRO is not collecting support fast enough or another thinks FRO is collecting too much support, it seems everyone has a complaint. FRO was established to collect, distribute and enforce child and spousal support payments in this province. Every year, FRO handles more than 180,000 cases, represents nearly 400,000 people and collects about $650 million in support payments. With that amount of work, I suppose they were bound to get it wrong every once in a while….and the 2013 decision in Ashak v Ontario (Director, Family Responsibility Office) is about trying to make it right.
- [My Ex Started Dating, But We’re Living in the Same House](https://lisagelman.com/blog/my-ex-started-dating-but-were-living-in-the-same-house/): If you’re still living with your ex, whether you’re still navigating the separation process with the help of a Mississauga divorce lawyer or you’ve already completed your divorce and share the same roof for financial reasons, you’re bound to face some sticky situations. But what happens when another adult is thrown into the mix—like when your ex starts dating someone new?
- [My Ex is Expecting – My Kids Are About to Get a Half Sibling](https://lisagelman.com/blog/my-ex-is-expecting-my-kids-are-about-to-get-a-half-sibling/): Once you’ve wrapped up all the loose ends with your Richmond Hill divorce lawyer and your marriage is over, it’s reasonable to expect that both you and your ex will move on. When that happens, you may have to deal with new people coming into your kids’ lives—including new half-siblings. If your ex is expecting, how should you broach the subject with your kids? Is there a right way or a wrong way?
- [Divorcing an ill Spouse](https://lisagelman.com/blog/divorcing-an-ill-spouse/): Many people put off getting a divorce—even when it’s inevitable—for a variety of reasons. However, that’s often to their detriment. Staying in an unhappy marriage, particularly if it’s causing you an unbearable amount of stress, can create deep-seated resentment and anger issues. In some cases, you’re far better off discussing your options with a Toronto divorce lawyer, even when there are extenuating circumstances such as your spouse’s health.
- [Paper Trails: How Creating Them Can Help You in Court](https://lisagelman.com/blog/paper-trails-how-creating-them-can-help-you-in-court/): During your divorce, your North York divorce lawyer might advise you to keep a journal, hold on to receipts or file away bills, statements and other financial information. That’s because a paper trail—evidence of what has happened and when—can be an invaluable asset in putting together your case. Having an accurate picture of your everyday life can help your lawyer work on the child custody agreement, spousal support and child support aspects of your case.
- [My Ex Maxed Out My Credit Cards During Divorce](https://lisagelman.com/blog/my-ex-maxed-out-my-credit-cards-during-divorce/): It’s unfortunate, but it happens: one spouse takes advantage of the other during a divorce and drains the family’s financial resources by making selfish, and often unjustifiable, purchases. When this happens, your credit can suffer serious damage that’s not always easy to repair. The first step is to call your North York divorce lawyer as soon as you discover the spending. Your lawyer can help you understand the situation and take steps to fix it right away.
- [The Psychological Effects of Staying Together for the Kids](https://lisagelman.com/blog/the-psychological-effects-of-staying-together-for-the-kids/): If you have children and you feel like you’re trapped in an unhappy marriage, you might find yourself facing some big questions. Is it better to stay married and deal with fighting, discomfort and other issues, or will you and your children be better off if you head to a Richmond Hill divorce lawyer’s office to dissolve your marriage?
- [Should I Quit My Job During Divorce?](https://lisagelman.com/blog/should-i-quit-my-job-during-divorce/): During your divorce, you’ll probably come up with several “what-if” scenarios that are worth discussing with your Toronto divorce lawyer; most people do. What if you sold the house and moved into an apartment? What if you packed up the kids and moved across the country? What if you quit your job?
- [Out with the Old: Getting Rid of Your Spouse’s Possessions](https://lisagelman.com/blog/out-with-the-old-getting-rid-of-your-spouses-possessions/): During divorce, it’s common to feel a wide range of emotions that span from sadness to righteous anger. While you might relish the thought of stuffing your ex’s clothes into trash bags, tossing a few of his or her prized possessions out of a second-storey window, or shoving the couch you’ve always hated out the front door, you should probably relegate those ideas to a dusty corner of your imagination. In fact, your Richmond Hill divorce lawyer will likely tell you to do just that—and it’s for your own good.
- [My Ex is Harassing Me During Our Divorce](https://lisagelman.com/blog/my-ex-is-harassing-me-during-our-divorce/): Divorce can be an emotional roller coaster for both parties, whether it was a one-sided decision or a mutual choice to split. While it’s normal to experience a wide range of emotions, new personal boundaries arise during divorce—and unfortunately, some people fail to recognize them. If your ex is harassing you, you’ll need to let your Barrie divorce lawyer know right away.
- [I’m Pregnant and Going Through a Divorce](https://lisagelman.com/blog/im-pregnant-and-going-through-a-divorce/): It happens more frequently than you might think: couples expecting a child make the decision to end their marriages. If you’re pregnant and going through a divorce, you might find it helpful to know that you’re not the only one. Your Mississauga divorce lawyer has probably worked with other women in situations like yours, so remember that it’s okay to ask questions and it’s okay to feel overwhelmed.
- [Family Law in Ontario Needs A Complete Overhaul](https://lisagelman.com/blog/family-law-in-ontario-needs-a-complete-overhaul/): Restructuring is what family law needs, says the as-of-yet unreleased report from the Cromwell committee to Chief Justice McLachlin of the Supreme Court of Canada. No kidding. Haven’t family lawyers and parties been saying exactly that forever? I know I have been…
- [Navigating Funerals with Your Ex](https://lisagelman.com/blog/navigating-funerals-with-your-ex/): Funerals are stressful enough without having to see your ex-spouse, but unfortunately, sometimes that’s inevitable. If a family member or close friend has passed, you and your spouse may both want to pay your respects. Whether you’ve been divorced for ages or you’re still working with a North York divorce lawyer, you might have a difficult time attending a funeral when your ex is there.
- [The Role of Step Parents During the Wedding](https://lisagelman.com/blog/the-role-of-step-parents-during-the-wedding/): Wedding protocol is serious business—especially when it comes to parents, step-parents and blended families. Although your Richmond Hill divorce lawyer likely described dozens of challenges you’d face during your divorce, your child’s wedding was probably not one of them. If one of your kids or step-kids is making the trip down the aisle, you’re probably wondering about the role step-parents play and how you factor in.
- [Navigating Your Own Children and Their Half-Siblings](https://lisagelman.com/blog/navigating-your-own-children-and-their-half-siblings/): After your Richmond Hill divorce lawyer has helped you to obtain a divorce order and you’ve moved on with your life, you may end up in a relationship with someone who has kids. You might also go on to have more children with a new partner. In both cases, many parents find it difficult to bridge the gap between step-siblings and half-siblings—and that’s completely normal, according to psychologists.
- [Surviving Separation While Living in the Same House](https://lisagelman.com/blog/surviving-separation-while-living-in-the-same-house/): Many separated couples choose to continue living in the same house while ending their marriage. Some couples decide to share a roof for financial reasons, while others feel the transition will be easier on the family if they cohabitate until the divorce process is over. Since every case is different, discuss your options with your North York divorce lawyer. The decision to move, or to ask your spouse to move, might affect your case.
- [My Parent is Dating Someone Younger Than Me](https://lisagelman.com/blog/my-parent-is-dating-someone-younger-than-me/): Whether your parents are in the middle of a divorce or they’ve already hashed it all out with their Toronto divorce lawyers, they might be headed back into the dating pool. As long as they’re not dating too soon (before their Toronto divorce lawyer has given them the green light), there’s no harm in that. Like most people, you probably want your parents to be happy. But what happens when one of your parents finds a younger—much younger—partner?
- [To Tell the Truth: Honesty, Your Kids and Divorce](https://lisagelman.com/blog/to-tell-the-truth-honesty-your-kids-and-divorce/): Lots of parents struggle with kids’ questions about divorce. In many cases, as soon as kids find out a parent has talked to a Toronto divorce lawyer they start asking for answers. How truthful do divorcing parents need to be? Can you leave out the sordid details, or should you divulge them?
- [Parental Alienation](https://lisagelman.com/blog/parental-alienation/): Parental alienation can transform ordinarily sweet, affectionate children into kids who want nothing to do with one parent. If you’ve seen this kind of change in your kids, it’s time to talk to your Richmond Hill divorce lawyer. Parental alienation can cause permanent damage to parent-child relationships; worse, it can give your kids emotional baggage they’ll carry for the rest of their lives.
- [Caution: Social Media and Divorce](https://lisagelman.com/blog/caution-social-media-and-divorce/): It’s fun to add pictures and status updates to social media sites, and everyone’s doing it. From Facebook to Google+, it’s hard to find someone without a social networking account. Before you start posting about your divorce, though, think twice: social media sites can really throw a wrench into the inner workings of your case. Your Mississauga divorce lawyer might recommend that you avoid posting anything at all about your divorce—and if you can’t resist, at least change your profiles’ privacy settings so most people can’t access your personal information.
- [IS CHEATING EVER JUSTIFIED? – What Is Cheating in a Relationship?](https://lisagelman.com/blog/is-cheating-ever-justified-what-is-cheating-in-a-relationship/): When you get married, you’re making a commitment to stay faithful, both emotionally and physically, to one person. While many people have long, successful marriages, some have to deal with infidelity. In those cases, physical and emotional infidelity may drive the slighted spouse to a Richmond Hill divorce lawyer’s office.
- [Second Thoughts After Separation: Fear or Love?](https://lisagelman.com/blog/second-thoughts-after-separation-fear-or-love/): When people separate, it’s very common for second thoughts to flood in.
- [Managing Anger During Divorce](https://lisagelman.com/blog/managing-anger-during-divorce/): Divorce brings up a lot of emotions, including hurt, frustration and anger. Most people have a tough time dealing with these divorce-related emotions because they all come on at once; it’s a virtual flood of difficult feelings, and many people are overwhelmed by them.
- [Recognizing and Coping with a Narcissist](https://lisagelman.com/blog/recognizing-and-coping-with-a-narcissist/): When you find yourself talking to a Toronto divorce lawyer about what ended your marriage, what will you say? That your spouse was self-absorbed, vain and selfish? Many people would call that an accurate description of their exes—but when is it considered a real personality disorder, and when is it just a case of your ex being a rotten person?
- [Living in the Same House as Your Ex](https://lisagelman.com/blog/living-in-the-same-house-as-your-ex/): There are many reasons you may choose to live in the same house as your ex during divorce. You may wish to continue sharing resources and save money so you can be more successful when you venture out on your own, or you may have other, more personal reasons.
- [Introducing a New Partner to Your Kids](https://lisagelman.com/blog/introducing-a-new-partner-to-your-kids/): After you and your spouse have decided to call it quits, you’ll likely find someone new. There is no set time frame regarding how long you’ll wait to move on – every person is different. Most people remarry within five years of divorce, according to a 2006 presentation in delivered in Montreal by the U.S. Census Bureau.
- [Making New Friends After the Divorce](https://lisagelman.com/blog/making-new-friends-after-the-divorce/): Divorce can be a harrowing and isolating experience. During the divorce process, you can rely on your Toronto divorce lawyer to focus on the legal nuances of your case. This will help to provide you with more time to focus on you and making a fresh start for yourself.
- [The Depletion of Assets](https://lisagelman.com/blog/the-depletion-of-assets/): The equalization of net family property is triggered “when a divorce is granted or a marriage is declared a nullity, or when spouses are separated and there is no reasonable prospect that they will resume cohabitation” (s. 5 (1) Act).  However, if the spouses are cohabiting and have not yet separated, a court can still provide some recourse if there is “serious danger that one spouse may improvidently deplete his or her net family property” (s. 5. (3) Act). Note that the section uses the term “serious danger.” There must be legitimate and genuine concern that the other spouse will spend, take, or destroy the specific assets in question. If you suspect your cohabiting spouse may deplete his or her net family property, contact a Toronto divorce lawyer as soon as possible. With the help of a skilled lawyer, you can protect your own assets as well as those that you would be entitled to upon your future separation or divorce.
- [Division of Assets](https://lisagelman.com/blog/division-of-assets/): Division of assets at the end of a marriage can be extremely complex and confusing. It is important that you understand your rights and receive the best advice from your Toronto divorce lawyer.
- [What Impact Could my Dating have on Child Custody during my Divorce?: Part II](https://lisagelman.com/blog/what-impact-could-my-dating-have-on-child-custody-during-my-divorce-part-ii/): Dating before one is officially divorced is not a legal argument to withhold or refuse access to children. However, there are a number of implications and consequences that can arise from your personal decision to maintain a new relationship.
- [What Impact Could my Dating have on Child Custody during my Divorce?: Part I](https://lisagelman.com/blog/what-impact-could-my-dating-have-on-child-custody-during-my-divorce-part-i/): Dating during the divorce is a much more complicated matter. Although, in most cases the law in Ontario requires a couple to separate for a period of at least one year, before being eligible to apply for divorce; beginning or continuing an extra-marital relationship during that time is not advisable. A Toronto divorce lawyer will forewarn you that there may be personal and legal consequences.
- [Child Support and Common Law Relationships](https://lisagelman.com/blog/child-support-and-common-law-relationships/): The most recent Canadian census suggests that common law relationships are on the rise. Despite their specific name, Toronto divorce lawyers specialize in both divorce and the separation of common law couples. In light of the growing trend towards non-married couples, the rights and obligations of common law partners are very often unclear and/or misunderstood.
- [What to do if Child Support is Not Paid?](https://lisagelman.com/blog/what-to-do-if-child-support-is-not-paid/): Although a marriage finitely and definitively ends when a divorce is granted, a Toronto divorce lawyer will inform you that the process surrounding divorce is complex and interconnected. Similarly, child support may be a compound course. Receiving an order for child support or reaching a monetary agreement is only one step. The next step is the enforcement of child support.
- [Thorny Spousal Support Issues Post Spousal Support Advisory Guidelines (“SSAGs”) – Part II](https://lisagelman.com/blog/thorny-spousal-support-issues-post-spousal-support-advisory-guidelines-ssags-part-ii/): This is the second of two blog posts on the Spousal Support Advisory Guidelines ("SSAGs"), their applications and shortcomings. Today, I comment on the use and abuse of the SSAGs in cases of payors in Ontario who earn more than $350,000 per year.
- [Child’s Surname Legally](https://lisagelman.com/blog/childs-surname-legally/): A child's surname - Something else to fight about
- [What To Do if Spousal Support is Not Paid?](https://lisagelman.com/blog/what-to-do-if-spousal-support-is-not-paid/): Although a marriage definitively ends when a divorce is granted, a Toronto divorce lawyer will inform you that the process surrounding divorce is complex and interconnected. Similarly, spousal support may be a compound course. Receiving an order for spousal support or reaching a monetary agreement is only one step. The next step is the enforcement of spousal support.
- [Establishing Parentage](https://lisagelman.com/blog/establishing-parentage/): A child’s birth is registered in Ontario is under the Vital Statistics Act.  Section 9(1) of the Act requires the mother and the father, or either of them, to certify the child’s birth within 30 days of the child being born.  Normally, this registration is an uncomplicated matter as the child’s biological parents are his or her intended parents as well and, hence, the child’s birth certificate reflects his or her actual reality.  In the 21st century, however, the assumption that biological parents are automatically the intended parents does not hold true.  Gay, lesbian and heterosexual couples and individuals are all availing themselves of reproductive technologies and becoming parents.  But does the law recognize them as such?
- [The ABCs of Costs and Family Law Rules](https://lisagelman.com/blog/the-abcs-of-costs-and-family-law-rules/): As of July 1, 2004, all family proceedings in Ontario are governed by the Family Law Rules. These costs rules differ in many respects from the Rules of Civil Procedure that previously governed family law proceedings and, hence, distinguish family law from civil cases generally. Increasingly, under the Family Law Rules, the reasonableness of the parties in the conduct of the litigation is just as important a consideration as success.
- [How to Get a Divorce Without a Lawyer](https://lisagelman.com/blog/how-to-get-a-divorce-without-a-lawyer/): It is possible to handle all of your issues alone and on how to file for divorce in Ontario without a lawyer. The Department of Justice has laid out all the essential forms and procedures on its website, and they can be found on our site as well.
- [Settlement: The Most Attractive Option](https://lisagelman.com/blog/settlement-the-most-attractive-option/): Settlement: The Most Attractive Option
- [Family Law Rules: Rule 40- Case management in Ontario Court of Justice](https://lisagelman.com/blog/family-law-rules-rule-40-case-management-in-ontario-court-of-justice/): (a) enforcements;
- [Family Law Rules: Rule 42- Appointment of family case manager in the family court of the Superior Court of Justice in Ottawa](https://lisagelman.com/blog/family-law-rules-rule-42-appointment-of-family-case-manager-in-the-family-court-of-the-superior-court-of-justice-in-ottawa/): 1. The Child and Family Services Act, subject to subrule (6).
- [Family Law Rules: Rule 23- Evidence and trial](https://lisagelman.com/blog/family-law-rules-rule-23-evidence-and-trial/): 1. The application, answer and reply, if any.
- [Family Law Rules: Rule 38- Appeals](https://lisagelman.com/blog/family-law-rules-rule-38-appeals/): (a) if an appeal lies to the Divisional Court or the Court of Appeal;
- [Family Law Rules: Rule 22- Admission of facts](https://lisagelman.com/blog/family-law-rules-rule-22-admission-of-facts/): (a) if the document is said to be an original, that it was written, signed or sealed as it appears to have been;
- [Separation Agreement Anxiety](https://lisagelman.com/blog/separation-agreement-anxiety/): Separation Agreement Anxiety
- [Family Law Rules: Rule 1- General](https://lisagelman.com/blog/family-law-rules-rule-1-general/): 1. (1) These rules may be cited as the Family Law Rules. O. Reg. 439/07, s. 1.
- [Choosing a Lawyer](https://lisagelman.com/blog/choosing-a-lawyer/): Choosing a Lawyer
- [Spousal Support: The Details](https://lisagelman.com/blog/spousal-support-the-details/): Typically, Spousal Support is resolved out of court and is detailed in the separation agreement.
- [Pension Issues and Divorce](https://lisagelman.com/blog/pension-issues-and-divorce/): Pension Issues and Divorce
- [Child Support: The Details](https://lisagelman.com/blog/child-support-the-details/): In Ontario, the Child Support Guidelines are used to calculate and determine the monthly child support amounts paid by one parent to the other for the purposes of child care. Child support is required because parents are legally obligated to support all of their dependent children. A parent will have to pay child support as long as their child is a minor (under 18, the age of majority) or if they are over the age of 18 and are living at home and enrolled in full-time education.
- [Child Support Guidelines Commentary](https://lisagelman.com/blog/child-support-guidelines-commentary/): Child Support Guidelines Commentary
- [Child Support: The Basics](https://lisagelman.com/blog/child-support-the-basics/): In Ontario the Child Support Guidelines are used to calculate and determine the monthly child support amounts paid by one parent to the other for the benefit of the child(ren). Parents are legally obligated to support all of their dependent children. This is required as long as the child is a minor (under 18) or if over the age of 18 and is living at home and enrolled in full time education. Children over the age of 18 with disabilities may remain dependents, and thus be entitled to child support. A person may also be obligated to pay support even if the person is not the biological parent, but has stood in the place of the biological parent, as a step-parent.
- [5 Things to Do Before You Even Think About Getting a Divorce](https://lisagelman.com/blog/5-things-to-do-before-you-even-think-about-getting-a-divorce/): Getting a divorce can be a tough decision to make. The divorce process can be complex, financially risky, 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.
- [Child Custody: The Details](https://lisagelman.com/blog/child-custody-the-details/): Be sure to speak with your divorce lawyer as soon as possible to ensure that the best interests of your child/ren are addressed and that your rights are protected.
- [Navigating Court Procedures in Ontario](https://lisagelman.com/blog/navigating-court-procedures-in-ontario/): Navigating the courts in Ontario can be a complex process. This guide offers some insight into divorce procedures in Ontario.
- [Custody: When Does the Child Get to Decide Custody](https://lisagelman.com/blog/custody-when-does-the-child-get-to-decide-custody/): Does my child get to live where he wants?
- [Parenting Coordinators](https://lisagelman.com/blog/parenting-coordinators/): It is no surprise that a hard-fought custody battle between two parents can become unfriendly, at best.  One of the small ironies of this is that it is rarely the big, life-altering issues that cause the greatest amount of conflict. Parents are more likely to argue over where they will meet to exchange the child/ren or whether one can alter a previously agreed upon drop off time, than they will over important medical and educational decisions.
- [Divorce: The Details](https://lisagelman.com/blog/divorce-the-details/): Under 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 much more time consuming and expensive.
- [The Price of Divorce](https://lisagelman.com/blog/the-price-of-divorce/): The Price of Divorce

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## Locations
- [St. Catharines Family Lawyers & Divorce Lawyers](https://lisagelman.com/locations/st-catharines/): Our St. Catharines family law lawyers help clients navigate separation and divorce in Ontario, along with related matters involving decision-making responsibility, parenting time, child support, spousal support, property, domestic agreements, and other family law concerns.
- [Hamilton Family Lawyers & Divorce Lawyers](https://lisagelman.com/locations/hamilton/): Family law can involve both immediate problems and long-term decisions. A separation may require parents to establish a new routine for their children while spouses simultaneously address support, housing, property, and financial disclosure.
- [Cambridge Family Lawyers & Divorce Lawyers](https://lisagelman.com/locations/cambridge/): When a relationship ends, legal questions often develop alongside significant changes at home. Parents may need to establish new schedules, spouses may need to understand their finances, and both parties may have questions about support, property, or a separation agreement.
- [Whitby Family Lawyers & Divorce Lawyers](https://lisagelman.com/locations/whitby/): When family breakdowns and disputes happen, they can be extremely stressful. For families in Whitby, Gelman & Associates offers local legal support and tailored guidance for family law matters throughout Durham Region.
- [Grimsby Family Lawyers & Divorce Lawyers](https://lisagelman.com/locations/grimsby/): Family law issues can create uncertainty at a time when many other parts of life are changing. Parents may be reorganizing their children's routines, spouses may be trying to understand what happens to the family home, and both parties may be considering their financial responsibilities after separation.
- [Scarborough Family Lawyers & Divorce Lawyers](https://lisagelman.com/locations/scarborough/): A separation or family dispute can create legal questions about your children, finances, home, and future all at the same time. Understanding which issues need immediate attention and which can be resolved through negotiation or another process can make the situation easier to navigate.
- [North York Family Lawyers & Divorce Lawyers](https://lisagelman.com/locations/north-york/): The number of divorcees in Canada grew to 2.71 million in the year 2020. The number has been steadily growing since 2000, when there were 1.88 million divorcees in the country. In North York, you can seek the help of family law lawyers for a wide range of legal issues.
- [Mississauga Family Lawyers & Divorce Lawyers](https://lisagelman.com/locations/mississauga/): A relationship breakdown can change how a family manages parenting, housing, finances, and day-to-day responsibilities. Legal guidance can help you identify which issues require attention and what options may be available before important decisions are made.
- [Barrie Family Lawyers & Divorce Lawyers](https://lisagelman.com/locations/barrie/): Family law problems rarely affect only one part of your life. A separation may raise questions about your children, finances, home, support obligations, and future plans, sometimes all at once.
- [Aurora Family Lawyers & Divorce Lawyers](https://lisagelman.com/locations/aurora/): Separation, divorce, and other family law disputes can affect your children, finances, home, and future. Having clear information about your rights and options can help you make important decisions with greater confidence.

## Services
- [Marriage & Common Law](https://lisagelman.com/service/marriage-common-law/): When you're in a relationship, it's important that you understand your legal rights, responsibilities, and protections. While you may not feel that it's necessary to obtain legal advice about your relationship, it can help protect both your and your partner's interests. Understanding the difference between marriage and common law can also allow you to plan your future accordingly.
- [Mediation](https://lisagelman.com/service/mediation/): There are many routes you can take to resolve issues that arise when your marriage breaks down. Taking your ex to court, contrary to popular belief, is not always the best method. Court proceedings are public, time-consuming, and can be expensive. Instead, couples may choose to negotiate a separation agreement between themselves through an alternative dispute resolution mechanism called mediation.
- [Inheritances](https://lisagelman.com/service/inheritances/): Questions about how marriage affects an inheritance are common. Clients who are the recipients of an inheritance are often curious about whether the inheritance will be protected from their spouse in the event of a separation or divorce. Other clients wonder whether they would be entitled to their spouse's inheritance in the same situation.
- [Business Owners and Entrepreneurs](https://lisagelman.com/service/business-owners-and-entrepreneurs/): In circumstances where one or both of the spouses in a relationship owns their own business(es), is self-employed, or is an entrepreneur, a number of special considerations will arise in family law.
- [Cohabitation Agreements](https://lisagelman.com/service/cohabitation-agreements/): In Ontario, the law permits unmarried persons who live together to enter into contracts that specifically outline their rights and obligations in their relationship. These are known as cohabitation agreements. Unmarried couples often choose to enter into a cohabitation agreement when they share a living space for the protection of both parties.
- [Spousal Support](https://lisagelman.com/service/spousal-support/): Spousal support, sometimes called alimony or maintenance, is rarely straightforward. Unlike child support, there is no single table that decides exactly how much will be paid. The Spousal Support Advisory Guidelines are often used by lawyers and judges in Ontario to provide a suggested range of amounts and timeframes, but they are guidelines, not strict law.
- [Child Support](https://lisagelman.com/service/child-support/): Child support can be one of the most important aspects of a separation or divorce. It helps ensure that children have the financial support they need to thrive, regardless of how their parents' relationship changes. In Ontario, child support is considered the right of the child, not the parents. Parents cannot waive this responsibility, and support may be owed even in shared parenting arrangements where the parents spend significant or equal time with their children.
- [Child Protection](https://lisagelman.com/service/child-protection/): Child protection laws in Ontario aim to ensure the well-being and protection of children. The Child, Youth and Family Services Act, 2017 (CYFSA) mandates the reporting of suspected child abuse or neglect to Children's Aid Societies (CAS). CAS investigations can be incredibly serious and have a huge impact on families. If CAS has become involved in your family situation, it's important to remember that you are not alone.
- [Paternity Issues & Disputes](https://lisagelman.com/service/paternity-issues-disputes/): Handling paternity and parentage issues can be stressful for a child's parents, intended parents, caregivers, and other family members. Because these cases concern a child's legal family relationships, the outcome may have significant and lasting consequences.
- [Father’s Rights](https://lisagelman.com/service/fathers-rights/): When parents separate, fathers often worry that they will be treated differently or that they will lose meaningful time with their children. In Ontario, parenting decisions are not supposed to be based on a parent's gender. The central question is what arrangement is in the child's best interests.
- [Power of Attorney](https://lisagelman.com/service/power-of-attorney/): A valid, up to date power of attorney is an important estate planning tool that can ensure that your finances and your health are protected should you become incapable of making important decisions about these matters.
- [Succession Planning](https://lisagelman.com/service/succession-planning/): If you are an entrepreneur or own a family business, you should always consider implementing a succession plan. Succession plans ensure a continuous transition of the business in the event of your retirement, a long-term illness, an accident, or death. Neglecting this important planning step can leave your business open to risk and financial loss and can make its ongoing success a challenge.
- [Wills](https://lisagelman.com/service/wills/): A will is one of the most important documents a person can ever prepare in their lifetime. Having a valid up to date will is critical in maintaining control over your assets, ensuring that children, spouses and other family members and loved ones are taken care of, and providing for a clear means through which your assets are distributed following your death.
- [Estate Planning](https://lisagelman.com/service/estate-planning/): Proactive estate planning, including preparing a will and a power of attorney, is a critical step in distributing your wealth and ensuring that your spouse, children, and other loved ones are taken care of should the worst happen.
- [Narcissistic Exes](https://lisagelman.com/service/narcissistic-exes/): Ending a relationship through separation or divorce is rarely easy. The process may become significantly more difficult when a former partner displays narcissistic traits, engages in coercive or controlling conduct, or repeatedly creates unnecessary conflict.
- [The Matrimonial Home](https://lisagelman.com/service/the-matrimonial-home/): For most couples, the matrimonial home represents the largest asset they jointly own, and has deep emotional resonance as the place where a marriage began, the place where children have grown up, and the place where memories are collected. Unsurprisingly, the matrimonial home and what becomes of it after a separation or divorce often become a point of contention, even for couples whose separation is otherwise amicable.
- [Variations](https://lisagelman.com/service/variations/): After a divorce or separation has been finalized, there may be changes in an individual’s personal circumstances, or those of their ex-spouse, that create a need to revisit the terms of any arrangement. For example, orders addressing child custody and support payments, spousal support, or the division of property. Even the most carefully crafted arrangements may need to be altered in the face of unexpected life events.
- [Collaborative Family Law](https://lisagelman.com/service/collaborative-family-law/): At Gelman & Associates, every lawyer on our team is prepared and experienced when it comes to assisting clients with Ontario family law matters. In addition, we have lawyers who are specifically trained to assist clients through the collaborative family law process.
- [Adoption](https://lisagelman.com/service/adoption/): Sometimes, children are unable to live with one or both of their birth parents. This may be due to significant hardships or an inherent inability to adequately and wholly care for them. When this occurs, adoption in Toronto is a viable alternative that can ensure the child(ren) will be embraced by a welcoming family; a family that yearns for children and has the ability to look after them properly.
- [Alternative Dispute Resolution](https://lisagelman.com/service/alternative-dispute-resolution/): In some instances, spouses may prefer to resolve family law matters through an alternative dispute resolution mechanism.  Such alternatives to the traditional court system can help resolve family law disputes in a cost-effective and low-conflict manner.
- [Domestic Violence](https://lisagelman.com/service/domestic-violence/): Domestic violence is a serious issue and a serious crime. Each year, over 40,000 arrests result in Canada from domestic violence. If your spouse or partner is violent, threatening, controlling, or abusive, you must take all steps necessary to protect your safety and the safety of any children you may have.
- [Independent Legal Advice](https://lisagelman.com/service/independent-legal-advice/): Even if you and your partner (or soon-to-be ex-partner) have already drafted a document that you believe sufficiently addresses each of your concerns, it is always advisable that each of you retain your own lawyer who will act in your best interests. In Ontario family law, independent legal advice is especially important for domestic contracts such as separation agreements, cohabitation agreements, marriage contracts, and agreements that deal with parenting, support, property, or other long-term rights. Never sign a contract without first doing so.
- [Prenuptial Agreements](https://lisagelman.com/service/prenuptial-agreements/): In Canada, a marriage contract is a voluntary agreement between two parties who are planning to marry or are already married. It sets out how certain matters will be dealt with should the parties separate, divorce, or die.
- [Division of Property](https://lisagelman.com/service/division-of-property/): At Gelman & Associates, our Toronto division of property lawyers represent clients in a wide range of family property disputes, including equalization claims, excluded property issues, and disputes involving the matrimonial home. It is important to understand that property division in Ontario can be legally and financially complex, especially where there are homes, pensions, businesses, investments, or significant debts involved.
- [Child Custody & Access](https://lisagelman.com/service/child-custody-access/): When a couple agrees to separate or divorce in Ontario, one of the most important issues to be decided is each person's custody and access rights with respect to their children (now referred to as decision-making responsibility and parenting time). These arrangements can have a tremendous impact on children's well-being. In addition, custody decisions may also end up influencing spousal support, child support and division of property.
- [Divorce & Separation](https://lisagelman.com/service/divorce/): Separation and divorce can affect nearly every part of your life. They can have important implications for property division, decision-making responsibility (formerly called custody), parenting time, and financial matters such as spousal support or taking possession of the matrimonial home.

## Team Members
- [Sonja Gill](https://lisagelman.com/our-people/sonja-gill/)
- [Natalie Lachhman](https://lisagelman.com/our-people/natalie-lachhman/)
- [Aman Sekhon](https://lisagelman.com/our-people/aman-sekhon/)
- [Julia Hockin](https://lisagelman.com/our-people/julia-hockin/)
- [Nikan Barari](https://lisagelman.com/our-people/nikan-barari/)
- [Brooke Parkes](https://lisagelman.com/our-people/brooke-parkes/)
- [Ian Britto](https://lisagelman.com/our-people/ian-britto/)
- [Alexis Wilson](https://lisagelman.com/our-people/alexis-wilson/)
- [Ashley Lipinski](https://lisagelman.com/our-people/ashley-lipinski/)
- [Kayla Ritchie](https://lisagelman.com/our-people/kayla-ritchie/)
- [Tracy Joseph](https://lisagelman.com/our-people/tracy-joseph/)
- [Rosalia Ionadi](https://lisagelman.com/our-people/rosalia-ionadi/)
- [Claire McDowell](https://lisagelman.com/our-people/claire-mcdowell/)
- [Rachelle Moncur](https://lisagelman.com/our-people/rachelle-moncur/)
- [Negin Sari](https://lisagelman.com/our-people/negin-sari/)
- [Elizabeth Jacob](https://lisagelman.com/our-people/elizabeth-jacob/)
- [Sierra Hall](https://lisagelman.com/our-people/sierra-hall/)
- [Anmol Kataruka](https://lisagelman.com/our-people/anmol-kataruka/)
- [Anastassiya Puryga](https://lisagelman.com/our-people/anastassiya-puryga/)
- [Jennifer Shuber](https://lisagelman.com/our-people/jennifer-shuber/)
- [Stephanie Joe](https://lisagelman.com/our-people/stephanie-joe/)
- [Evan Clemence](https://lisagelman.com/our-people/evan-clemence/)
- [Ashley Williams](https://lisagelman.com/our-people/ashley-williams/)
- [Galia Amoils](https://lisagelman.com/our-people/galia-amoils/)
- [Cristina Cannavo](https://lisagelman.com/our-people/cristina-cannavo/)
- [Esther Parkes](https://lisagelman.com/our-people/parkes-esther/)
- [Brittany Dunec](https://lisagelman.com/our-people/dunec-brittany/)
- [Paul D. Slan](https://lisagelman.com/our-people/paul-d-slan/)
- [Karen Kotansky](https://lisagelman.com/our-people/kotansky-karen/)
- [Irina Davis](https://lisagelman.com/our-people/davis-irina/)
- [Lisa Gelman](https://lisagelman.com/our-people/gelman-lisa/)

## Categories