For many individuals, both separation and divorce can be stressful and daunting experiences. People going through a break-up are often navigating one of the hardest, if not the hardest, times in their lives. Whether you are living separately but are still legally married, or you are ready to legally end your marriage, the legal process can be complex and overwhelming.
Divorce and separation can also have important implications for property division, decision-making responsibility (formerly custody) and financial matters, such as spousal support or taking possession of the matrimonial home. For these reasons, it is crucial to obtain experienced legal counsel to ensure your rights are protected throughout the process.
At Gelman & Associates, our Toronto separation and divorce lawyers provide effective legal representation tailored to your individual needs. Our lawyers are compassionate and understanding when representing our clients, but also tough when necessary. First and foremost, our firm strives to provide a customer-centred approach to the practice of family law. To meet this goal, we ensure our clients have all the information and resources they need to make informed decisions throughout the separation and divorce process.
To discuss your situation with one of our Toronto family lawyers, contact Gelman & Associates today. With lawyers in Toronto and throughout Ontario, we’re ready to help clients across the province. You can call our Toronto office at (416) 736-0200 or fill out our online contact form to schedule your consultation now.
How Our Toronto Divorce Lawyers Can Help With Your Separation and Divorce
At Gelman & Associates, our family law lawyers are dedicated to helping families navigate one of life’s most challenging transitions. Separation and divorce in Ontario can take many forms and involve a range of legal processes. Our Toronto divorce lawyers provide support, guidance, and representation to clients, no matter what their situations look like.
At our firm, we can assist with:
- Divorce Application Filing and Response: Our separation and divorce lawyers can help you initiate the divorce process. We’ll identify all the necessary documentation you must submit and help you fill it out correctly and efficiently. If you are the recipient, we’ll help you craft your response in accordance with Ontario family law.
- Contested and Uncontested Divorces: Whether you and your spouse agree or disagree on the terms of your divorce, our divorce lawyers in Toronto can help. If you have amicably resolved significant issues yourselves, we’ll help you draft your separation agreement accordingly. If you cannot agree, our legal team is ready to negotiate on your behalf or represent you in court, if necessary.
- Separation Agreements: A separation agreement is a legally binding contract that sets out rights and responsibilities on issues such as decision-making responsibility and parenting time, property division, and support payments. A well-drafted separation agreement can prevent future disputes and ensure your rights are always protected. Our separation lawyers in Toronto can help you negotiate, draft terms, and finalize your separation agreement so that it’s fair and legally enforceable.
- Legal Representation in Separation or Divorce Proceedings: Our lawyers provide experienced representation at every stage of your separation and divorce. We’re prepared to help advocate for your rights during negotiations, court proceedings, or alternative dispute resolution settings. This way, you can feel confident that you’ll receive what you’re entitled to.
- Collaborative Divorce and Mediation: For those seeking to settle matters outside of court, our Toronto separation and divorce lawyers can assist. Our family law team has extensive experience with mediation as well as collaborative divorce, meaning we can help you achieve fair, respectful, and cost-effective resolutions.
- And More…
No matter what stage of the separation or divorce process you’re at, our team will provide tailored advice and a hands-on approach. From helping you compile and file your initial application to helping you litigate your divorce in court, you’ll have our legal support at every step.
The Difference Between Separation and Divorce in Ontario
A common misconception is that the terms “separation” and “divorce” are interchangeable. In reality, they have very different legal meanings and implications:
- Separation: This means that a couple is living separately and apart despite remaining legally married. A couple can even be considered separated while living under the same roof if their relationship has already ended. A separation doesn’t require any form of documentation or court order. In addition, separation may apply to all married or common-law couples whose relationship has broken down. During this time, a separation agreement can often be used to resolve issues like property division, parenting time, and support obligations.
- Divorce: A divorce is an official change in legal status from married to single. A divorce must be granted by a court. Getting a divorce in and of itself does not automatically resolve issues related to child custody, child support, spousal support, or division of property. Those issues must be addressed separately, often through a separation agreement.
What’s The Difference Between a Contested and an Uncontested Divorce in Ontario?
When you decide to get a divorce, you can undergo either a contested or an uncontested divorce. The type you choose will be dependent on your expectations coming out of the marriage and your relationship with your former spouse.
A contested divorce occurs when spouses are disputing issues related to the separation or divorce. These issues may be related to:
- Spousal support
- Child support
- Property issues
- Decision-making responsibility
- Parenting time
- Or other aspects of your separation
During a contested divorce, court involvement is typically necessary, and the process may involve mediation, arbitration, or litigation. This can lead to longer timelines for settling the divorce and higher legal costs. In addition, contested divorces frequently involve negotiations with the aid of lawyers.
An uncontested divorce occurs when issues related to the separation have been settled before a court application is filed. Essentially, the couple will file a joint application for the divorce, or one spouse will apply and the other will not contest it. Uncontested divorces can be more cost-effective, as they typically don’t require court involvement, a trial, or additional negotiation. In many cases, uncontested divorces are a result of successful negotiation, mediation, or collaborative divorce efforts that allowed spouses to draft their separation agreement in advance.
Whether you decide to pursue a contested or uncontested divorce will depend on your unique circumstances. While uncontested divorces are more cooperative, less stressful, and allow you to maintain greater control over the terms of your divorce, contested divorces may be necessary when there’s strong conflict between spouses or serious issues, such as abuse or hidden assets.
What Happens to The Matrimonial Home When You Separate or Divorce in Ontario?
When you get divorced, the house that you shared with your partner during your marriage is viewed differently from your other, individual assets. Under Ontario’s Family Law Act (FLA), your house is referred to as the matrimonial home and has special status. This is because, regardless of whose name is on the title, both spouses have equal rights to possession during the marriage and when they separate.
Section 18(1) of the FLA defines a matrimonial home as every property in which either spouse has an interest and which is currently, or was at the time of separation, “ordinarily occupied by the person and his or her spouse as their family residence.” According to this definition, more than one property may qualify as a matrimonial home.
When it comes to the equalization of net family property upon your separation or divorce, there are several options for the matrimonial home. You may choose to:
- Sell the home and divide the profit
- Choose one spouse to buy out the other’s share in the property
- Designate one spouse to keep the home temporarily (e.g., until children finish school)
- Defer the sale to a later date (this date may be outlined in your separation agreement)
Keep in mind that after transferring your legal interest in the property to your spouse, you should ensure that your name is also removed from any mortgage on the property. Regardless of how you decide to proceed, it’s important to remember that dealing with the matrimonial home can be one of the most complex parts of separation and divorce. Acquiring legal guidance will ensure that your rights and interests are protected throughout the process.
What is Financial Disclosure in Separation and Divorce?
When you get divorced, ensuring that both you and your spouse engage in complete financial disclosure is extremely important. Financial disclosure is the process by which you and your spouse agree to exchange all information about your assets, debts, and income with each other. It is required by law to ensure that both parties negotiate the terms of their separation and divorce from a place of full transparency.
To adhere to financial disclosure requirements, you’ll need to declare assets and liabilities such as:
- Bank statements
- Tax returns (usually from the last 3 years)
- Pay stubs or proof of income
- RRSPs, pensions, and investments
- Real estate holdings
- Debts such as credit cards, loans, or lines of credit
- And more
During the divorce process, you’ll both typically need to fill out a Financial Statement (Form 13 or 13.1, depending on your circumstances). You’ll also need to attach supporting documentation to confirm the values you list in your statement are accurate.
If you fail to fully disclose your assets and liabilities, there may be serious consequences. If a court discovers that you have been dishonest, or that your declaration is incomplete, it can result in:
- Court penalties or cost orders
- Unfavourable outcomes in property or support decisions
- Delays in resolving your case
- Your divorce settlement being overturned (if your divorce was finalized prior to the error being discovered)
- And more
How Do I Start the Divorce Process in Ontario?
You are legally eligible to apply for a divorce under the Divorce Act in Canada if:
- You were legally married in Canada or in any other country; and
- You plan to permanently separate from your spouse with no intention of reconciling, or you have already separated and do not intend to reunite; and
- At least one of you has lived in Ontario for a minimum of one year immediately prior to filing.
Once your eligibility for a divorce in Ontario has been established, you may file an application for divorce along with supporting documentation. You will need to cite a reason for the breakdown of your marriage in your application. Reasons might include:
- Living separately for over a year with the idea that the marriage is over,
- Adultery, or
- Cruelty
Seeing as divorce in Ontario is no-fault, you do not need to prove that your spouse was at fault for such situations to proceed.
Although a lawyer is not required by law to initiate the divorce process, legal guidance is always strongly recommended. This is especially true in cases where children, substantial property, or disputes over support amounts exist. An experienced divorce lawyer will make sure you complete all documentation correctly, help you avoid delays, and represent you in court if conflicts arise.
Divorce and Separation in Toronto: Frequently Asked Questions
Have questions about the separation or divorce process in Ontario? Here are some of the most common questions our Toronto separation and divorce lawyers get asked:
Can we draft our separation agreement without a Toronto divorce lawyer?
Yes, spouses can draft a separation agreement without the aid of a lawyer. However, getting legal advice is recommended so that you truly understand all the conditions in the agreement you have made with your partner.
Is it possible to change the terms of a separation agreement?
Yes, it is possible to change the initial terms of a separation agreement if you and your spouse agree to the changes and sign a written agreement to change the terms. If your spouse does not agree to change the terms, you can make a court application to change the separation agreement.
No matter what the circumstances surrounding your separation agreement are, our Toronto separation lawyers can help you make changes when you need to.
How long does it take to get a divorce in Ontario?
The timeline for a divorce in Ontario will depend on whether it is contested or uncontested. An uncontested divorce may take approximately 3 to 6 months, provided that you file all necessary documents correctly and there are no internal delays.
Contested divorce, which usually involves more intense disputes over issues like property division, decision-making responsibility, or support, may take much longer. Some contested divorces may span a year or longer, due to the need for negotiations, court appearances, and potential trial dates.
Do I need to be separated before filing for divorce?
Yes, in most cases, you must be separated for at least one year before you can file for divorce in Ontario. This one-year separation period is considered sufficient proof that the marriage has broken down.
If your divorce application is based on grounds such as adultery or cruelty, you may not need to wait for a year-long separation to file. You will need to provide appropriate evidence of such actions occurring, though. An experienced Toronto divorce lawyer will be able to advise you on what your timeline will look like and what you need to do legally to proceed with your divorce.
Contact Our Separation and Divorce Lawyers in Toronto
At Gelman & Associates, our diverse group of experienced separation and divorce lawyers strives to provide clients with the information they require to make educated decisions. In addition to the extensive web-based resources available to our clients, all prospective clients are given a comprehensive family law kit during their initial consultation, with ample information and resources to help individuals understand and navigate the separation and divorce process.
We also offer our clients a free consultation with a psychological professional.
To discuss your separation or divorce, schedule a consultation with our Toronto divorce lawyers in Toronto today. You can call us at (416) 736-0200 or fill out our online contact form to schedule your consultation now.
