Divorce

Few legal proceedings become so fraught with emotion, tension and bitterness as quickly as dissolution of marriage.

By the time the parties begin the legal proceedings to determine with some finality division of property & assets and custody of children, a loving relationship has already been broken. Many times, both parties are still campaigning to blame one another over the marriage’s failure. In just as many instances, that escalates into vindictive desires to hurt a one-time spouse.

Engage a lawyer to ensure that your rights are capably defended. Lawyers representing both sides will adamantly fight on behalf of their respective clients’ due shares of shared assets and rights to see any children from the marriage. In the end, though, both sides want a settlement that preserves both spouses’ best respective interests.

Custody Claims

This might be the most emotionally charged aspect of divorce, and Family Law in general.

Maintaining custody of your children following a marriage’s dissolution means retaining the right to be the most prominent decision-making figure in your child’s life. You’ll have final say over the path of your children’s education, religion, medical treatment, and other pivotal areas.

Don’t forsake this responsibility.

The Court will assign custody inevitably one of four ways:

• SOLE CUSTODY: one parent, and one parent only, cares after the children
• JOINT CUSTODY: when both parents can agree on key decisions, the court will award a joint custody as long as you both demonstrate cooperation
• SHARED CUSTODY: under this type of joint custody, both parents spend at least 40% of their time with their children
• SPLIT CUSTODY: under this agreement, one parent assumes custody of one or more children and the other assumes custody of one or more others

Unless the Court expresses grave concerns about one particular parent’s lifestyle or ability to care for children, the court will grant the non-custodial parent visitation access. Under more tense circumstances, the Court may only allow supervised visitation where there’s a concern for the welfare of the children.

It takes two people to have a child. If you feel that you rights as a parent are under attack and your future relationship with your children is at risk, then contact a lawyer immediately to protect your future with your children.

Property Claims

When a couple divorces, the two parties must inevitably decide how much of the pair’s shared property and assets should be assigned to each.

Generally speaking, the court divides the valuation increase of assets over the term of the marriage equally between both sides, but not necessarily the assets themselves as such. In actuality, property division starts with calculating “net family property”.

That process begins with finding the total asset value on the date you and your spouse separated. From that, deduct all personal liabilities. After that, deduct your personal asset value on your marriage date. As needed, deduct assets such as life-insurance proceeds, gifts given to you by third parties, personal injury awards and any inheritances. Finally, add all liability values as of the date of your marriage. You now have your “net family property” value.

Whoever has the higher net family property value must pay an “equalization amount” to the other spouse. Typically, that’s half the difference in value between respective net family property amounts.

Often times, the property separation isn’t such a simple matter of math. Both spouses will attempt to raise some point of contention or another for receiving a greater share. Sometimes, it’s done out of a simple desire for greater assets. In other instances, it’s a matter of one side or another wanting to do the other harm in parting.

A lawyer versed in Property Divorce and the possible advantages, loopholes or exclusions can recognize when you may be able to hold onto certain assets to which your spouse may claim an entitlement.

Child Support Claims

If you are found to be the non-custodial parent of any children between you and your spouse, then you will be legally obligated to pay some degree of child support as part of a divorce agreement.

The amount of child support you end up paying will be calculated both by the number of children left in your spouse’s care and a confluence of assessments of your personal finances.

You will also have to provide your spouse with updated income documentation. If your children should ultimately incur “special or extraordinary expenses” such as child care, daycare, medical, dental, private school or post-secondary educational costs, you may have to pay more than the Ontario Child Support Guidelines’ recommended amount.

The exceptional expenses can be shared, however, depending on the disparity between your earnings.

Whether you are entitled to child support or paying it, the long-term financial consequences of ending a marriage or relationship make it crucial that you always retain a lawyer familiar with your circumstances when managing the amount you’re ordered to pay.