Family law is a legal specialty area that focuses on relationships, including child custody, divorce, adoption, and more. Your family lawyer in Scarborough can represent their clients in court proceedings or related negotiations. Lawyers can also draft legal documents such as property agreements and court petitions. Other lawyers specialize in emancipation, paternity, adoption, and other matters not usually related to divorce. Here are helpful terms to know:
- Emancipation is the court process where a minor becomes self-independent and self-supporting. It’s also the process where they assume adult responsibility for their well-being and are no longer under their parents’ care.
- Marital Property. Both property and assets acquired by either spouse during their marriage are subject to division upon divorce.
- Alimony is the financial assistance made to one spouse by the other for support during or after a divorce or legal separation.
- Paternity is descent or origin from a father. Your Scarborough family lawyer uses this to identify the child’s biological father.
- Prenuptial Agreement is the agreement made by a couple before getting married where they give up the future rights to each other’s property in the event of death, a legal separation, or a divorce.
Understanding Family Law in Scarborough
- Our lawyers know that family law matters can be unpredictable and unexpected, causing emotional distress. With our experience and knowledge, we make the legal process as straightforward for you as possible, ensuring that your interests are protected. While most issues focus on marriage, divorce, child support, and spousal support, one part of this law focuses on the ability of one family member of an injured party to sue another person whose intentional acts or negligence initially caused the injuries.
- The Family Law Act is a specific law that sets out guidelines for damages that may arise from an injury sustained by a primary plaintiff. Personal injuries have far-reaching consequences for the victim and their family members; hence, Ontario law recognizes how their family members will suffer.
Our Practice Areas in Family Law
- Gelman & Associates covers a variety of areas. Here is a complete list of the cases we handle:
- It’s the legal means by which people can permanently take on the job of taking care of and raising a child. In Ontario and Toronto, there are four ways you can adopt a child:
- Through a licensed international adoption agency with local offices in the province
- Through a private adoption agency or a licensed individual
- Through different children’s aid organizations
- Immediate family members or a step-parent
- It’s the procedure for settling disputes without litigation, such as negotiations, mediation, or arbitration. It’s more expeditious and cheaper, as well as used in conflicts that would lead to litigation such as personal injury claims, divorce actions, and high-profile labor disputes.
- In cases where one or both of the couple is an entrepreneur, is self-employed, or spouses own their business(es), your lawyers will have a lot to consider during the proceedings. Business owners would want to be confident that they can continue to run their business during and after the divorce or separation. The spouse who owns a business often wants to ensure that their income is adequately evaluated for spousal support, child support, and property division. With these and other tasks at stake, spouses and managers need to seek legal advice early in the process.
- If a couple files for divorce or legal separation, one of the most critical matters you should consider is each person’s access and custody rights concerning their child(ren). Both matters will have a significant impact on their child(ren) ‘s well-being. It can affect spousal support, child support, and property division. It’s beneficial to get legal advice about access and custody arrangements early in the process of separation to ensure you understand and protect your legal rights.
- Unlike spousal support, child support arrangements are straightforward when done correctly. However, custody arrangements, child contributions, claims of financial support, and undisclosed income may complicate the case. It’s essential to get legal advice about child support early in the separation process.
- Today, the number of common-law relationships in Canada is still rising, and people will see a significant increase in the population of couples opting for a legal cohabitation agreement. Unmarried couples may opt to enter into a cohabitation agreement for the protection of both parties. It can help minimize extra costs and prevent litigation if the marriage breaks down.
- It’s the process where you and your partner work together to address legal issues out of court with the help of a divorce lawyer in Scarborough. You may also have to work with other collaborative professionals, such as social workers and financial planners. Both parties will work together to help you agree on your issues. You can have a safe space to help you reduce conflict. Usually, you have different appointments with your collaborative professionals before settling your issues.
- It’s the term that refers to property acquired during the marriage. On top of that, separate property is the property an individual owns before marriage and third-party gifts or inheritances given to an individual during the marriage. Married couples can opt to exclude specific property from marital property by signing a postnuptial or prenuptial agreement.
- Divorce is the legal action between married couples to end their marriage relationship. Others also call this process the dissolution of marriage. It’s the legal action that ends the marriage before the death of either spouse.
- It has become a practice for people to document nearly every aspect of their lives on social media. Posting about an endeavor on LinkedIn, commenting on a topic on Twitter, checking into FB, and posting a photo to Instagram have become common. However, social media can be a minefield of potential legal risks for anyone going through a divorce or separation.
- It involves drafting a plan that establishes who will receive your assets. It also determines how you want your affairs to be handled if you can’t fix them on your own for any reason. It’s a tiring process and can feel overwhelming. It involves many factors, and while there’s a common misconception that it’s just about your finances, there’s more to it.
- Father’s rights can include the father’s right to time off from work to raise their child, the right to be asked before adoption, and the right to parenting time with their children.
- Independent legal advice is the expert advice that each person involved in a legal matter gets from their lawyer. Lawyers can only advise one of the people involved in the agreement, which means:
- One of you can’t do what the other person’s lawyer says.
- You can’t work with the same lawyer.
- You and the other spouse both need to consult a lawyer.
- It’s a wise idea to get independent legal advice if:
- The other person has an attorney, and that lawyer wrote an agreement for you both.
- The mediator wrote an agreement for you, you both went to mediation, or only one of you has a lawyer,
- You and the other person drafted an agreement together, and you want a lawyer to evaluate it before you sign it.
- Inheritances refer to the assets that an individual leaves to their loved ones once they die. It may contain bonds or stocks, cash, and other assets such as real estate, art, antiques, jewelry, and automobiles.
- It’s the process where the couple works out on your marital issues with the help of a mediator. When agreements are hard to reach, that’s when the mediator intervenes. Mediators can help the couple in their decision-making process, teach empathy, test them, discuss ideas, and keep the communication lines open.
- Because narcissists often come across as model citizens, their spouses may not have initially picked up on the trait. But the facade fades away to reveal a person who believes the world revolves around them. Narcissists may claim that their spouse manipulated and controlled every aspect of their life or accuse them of preventing them from fulfilling their dreams. While the separation may have been the best thing, it likely brought out the worst in them.
- If you find yourself in a spot where you’re dealing with paternity disputes, you should also know that there’s a lot at stake, but this depends on the circumstances at hand. It can involve a mother wanting to prove the child’s paternity so the mother can legally request the father to pay for child support. It can also come from a biological father fighting for their visitation rights to see their child.
- It’s a legal document giving one person the power to act for another person. It can have a limited or broad legal authority to make a few decisions about the principal’s medical care, finances, or assets. It’s typically used if the principal’s disability or illness, or when they can’t be present to sign necessary documents for transactions.
- It’s a written contract drafted by two people before they get married. It lists all of the property each person owns, as well as any debts. It also specifies what each person’s property rights will be after the marriage.
- In addition to the right to marry in every state, marriage equality laws gave couples the right to file for divorce, regardless of where they live. But, in other cases, the divorce process can become complicated.
- It’s a court-ordered arrangement where a married couple lives apart, leading separate lives. It’s an alternative to a divorce when the parties are unsure of the state of their marriage but want to build financial responsibilities and boundaries, including child support, custody of dependents, and separation of assets. But for those who want a divorce, a judge may have to grant a divorce.
- According to a separation agreement or divorce decree, it’s a series of payments to an ex-spouse or separated.
- It’s the process of determining long-term needs and serves as an interface between the company’s strategic direction and human resource function. It’s an essential aspect in predicting the company’s needs, helping monitor, develop, evaluate, and find the human capital needed by the company’s strategy.
- It represents the most significant asset they jointly own and has a deep emotional connection because it’s the place where they collected memories, where children grew up, and where their marriage began. Undoubtedly, the marital home and what becomes of it after a divorce or separation becomes a point of satisfaction, even for the couples whose separation is amicable.
- Once the judge finalizes the separation or divorce, there may be changes in one’s circumstances or those of their ex-spouse, which causes the need to revisit the terms of an agreement addressing property division, spousal support, child support, and custody payments. Even the most carefully drafted agreements may have to be altered due to unexpected circumstances.
- It’s one of the most important documents you can prepare in your lifetime. Having a valid and recent will is important in maintaining control over your assets, ensuring that spouses, children, and other loved ones and family members are taken care of. It also provides a clear means by which your assets are distributed after your death.
Most Common Family Law Cases
|Divorce||Divorce is the legal action between married couples to end their marriage relationship. Others also call this process the dissolution of marriage. It’s the legal action that ends the marriage before the death of either spouse.|
|Child Custody and Access||If a couple files for divorce or legal separation, one of the most critical matters you should consider is each person’s access and custody rights concerning their child(ren). Both matters will have a significant impact on their child(ren) ‘s well-being. It can affect spousal support, child support, and property division. It’s beneficial to get legal advice about access and custody arrangements early in the process of separation to ensure you understand and protect your legal rights.|
|Adoption||It’s the legal means by which people can permanently take on the job of taking care of and raising a child. In Ontario and Toronto, there are four ways you can adopt a child:
If your family is going through family issues in Scarborough and you need a family law lawyer to assist you to ensure that your rights are protected, get in touch with Gelman & Associates. We offer a FREE consultation for all our clients.
Family law matters are complex and tricky. That is why you need an excellent lawyer to represent you.
Trusted Family Law Lawyers in Scarborough Ready to Assist You
You can get legal assistance from Gelman & Associates if you’re dealing with a tough family law case. Our lawyers will provide you with free consultations about your case and what the best course of action would be. Call us at 1-844-736-0200.
FAQs About Scarborough Family Law Lawyers
While divorce legally ends and dissolves the marriage, a legal separation is a court order that mandates the duties and rights of the couple while they’re still married but living apart. Both arrangements separate the couple financially and provide legal advice for debt management, spousal support, and child support and custody. But divorce entirely dissolves the marriage.
If you want an Ontario court to legally dissolve your marriage, you can apply for a divorce if you meet these criteria:
- You and/or your partner have been a resident of Ontario for at least one year before your application.
- You have left your spouse already or want to separate permanently from your spouse. You also don’t think there’s a possibility you’ll get back together.
- You were legally married in Canada or any other country.
One of the significant factors you have to consider in calculating child support is how much the parents earn. Other states check both parents’ income, but others only think about the non-custodial parent’s income. On top of that, the percentage of time that each parent spends with the child is another crucial factor. Most states include at least some of these other factors in calculating child support:
- Whether either parent lives with a new spouse or partner who contributes to household expenses
- Whether either parent expects severance pay or other lump-sum payments or receives irregular income such as incentive pay or bonuses
- Ages of the children
- Whether either parent has other amounts deducted from their paychecks or is asked to pay union dues
- Which parent is paying insurance and daycare costs, and the costs
- Whether either parent is responsible for a child from a previous marriage
- Whether either parent is paying alimony or child support from a previous marriage
- Alimony or child support either parent receives from a previous marriage