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Property division can raise multiple questions and concerns

Ontario people who are married and considering divorce may have many questions. Although scores of answers could be forthcoming from friends and family, it may best to seek legal guidance.
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Do you need help with understanding child support guidelines?

Contention often exists between separated or divorced parents in Ontario. To make it easier for parents, Federal Child Support Guidelines became effective in 1997. However, in the 20 years since then, not much has changed because many couples fail to reach agreement on issues that play roles in the determination of child support. The presence […]
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Child support — how much does it cost to raise a child in Canada

Campaign 2000 is a national coalition that aims to work toward ending and preventing child poverty countrywide. In a recent report, the coalition stated that no official estimates exist in Ontario — in fact, no such figures are available in the entire country — that actually tells how much it costs to raise a child. […]
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Family law: How and when can spousal support payments be stopped?

Spousal support is awarded in some Ontario divorces. How long payments will continue depends on the details of the situation. Family law has some general rules about spousal support. In some cases, court orders or separation agreements will specify an end date such as the time of the recipient’s remarriage, or upon the death of […]
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Property division and other divorce issues should not be rushed

Ontario residents who are considering divorce might feel that getting it finished as quickly as possible will limit the trauma and stress that typically go hand in hand with ending a marriage. However, rushing the process may have the opposite effect, because important issues may be left unaddressed that might be more difficult to resolve […]
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Facebook activity could affect property division in divorce

The process of discovery — gathering information from the other party for use at trial — in divorce cases has been made much easier by social media. Sites such as Facebook, Twitter and MySpace provide easily accessible information that lawyers in Ontario and elsewhere might not have found previously by using traditional means of discovery. […]
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Discussing finances before the wedding may avoid divorce later

Once an Ontario couple is engaged, the focus will likely be on planning a dream wedding. However, considering the fact that financial disputes lead to divorce in many marriages, attending to the unromantic stuff before the wedding might not be a bad idea. Understanding the financial background and money philosophy of each other may be […]
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Family Law: Contention could be resolved in mediation

Many divorcing couples in Ontario and other provinces choose to avoid litigation by exploring options for alternative dispute resolution. With the guidance of a family law mediator, couples may resolve contentious issues through communication and — when necessary — compromise. The mediator provides a platform for peaceful negotiation and does not provide legal advice, though […]
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Family law: Premarital matters to address before the ceremony

Ontario couples who are having fun planning their weddings may hate the prospect of attending to matters that are much less romantic. However, to avoid bureaucratic problems later, it may be wise to address some legal issues and get them out of the way. Those who have unanswered questions may want to consult with an […]
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Family law: What protection does a prenup offer?

People take out car insurance because an accident might occur, not because they think it will happen. Why then, do some people avoid signing — or even discussing — prenuptial agreements? The concept is the same; it is insurance against loss and damage in the event of a divorce. Ontario couples who are considering marriage […]
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What circumstances will justify child support variation requests?

When parents file for divorce, they become ex-spouses, but they will never be ex-parents. Their responsibilities to their children remain, and that is why the court orders one parent to pay child support. However, over the years following a divorce, the circumstances of both parents can change, and so can the needs of the children. […]
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Family law: Marriage fraud and how to avoid it

For a resident of Ontario, getting romantically involved with a person of another country may have devastating consequences. Someone a person meets on the internet or while on a trip may feel like the perfect soul mate. However, to get that individual to settle in Canada and become a spouse or common-law partner, not only […]
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Rushing into divorce can cause emotional and financial ruin

Ending a marriage is known to be a traumatic experience — not only emotionally but also financially. Ontario residents who consider untying the knot may want to note a few costly mistakes made by many people. Just like marriage, divorce may be one of the most significant steps a person can take. If not navigated […]
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Child Custody: Be proactive to prevent parental child abduction

Thousands of children are abducted in Ontario and elsewhere every year. Many of these incidents involve parents abducting children of whom they do not have child custody. Some people will go to great lengths to take their children away from the custodial parents. One case involved a father who abducted his two toddlers — ages […]
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What happens to frequent flyer miles in a divorce?

Credit card debt is often a significant concern for Ontario couples who are considering to end their marriages. If the couple never addressed this in a prenuptial agreement, it could cause contention in a divorce. A couple may agree to divide credit card debt equally, or a court may decide who must pay which card. […]
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Child custody: How can the Supervised Access Program help?

Divorced or separated parents in Ontario who are concerned about their safety or the safety of their children during visits with the other parents or at the time of the exchange have the option to use the Supervised Access Program. The court can order the utilization of this program as part of the child custody […]
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Family Law: What to consider when getting engaged

Thousands of couples in Ontario and elsewhere choose to start their engagements in the time between Thanksgiving and New Year’s Day. However, at this time of being hopelessly in love, not many think about the seriousness of such a commitment and the important financial matters to consider. Consulting with an experienced family law lawyer even […]
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The need for prenuptial agreements in stepfamilies

Entering into a second marriage when one or both parties have children from a previous relationship or marriage can be challenging. Children typically take months or even years to accept stepparents. Some Ontario parents choose to address all other family law issues in a prenuptial agreement to allow them to pay full attention to building […]
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Divorce: Disagreements about money are often insurmountable

Money is frequently cited as the cause of many couples in Ontario deciding to go their separate ways. Financial advisors say that clear communication about finances can prevent divorce, regardless of whether a couple chooses to invest, save or spend their money. Every person has different ideas about the handling of personal funds, and when […]
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Why are grandparents not considered for child custody in Ontario?

The bonds that exist between many grandparents in Ontario and their grandchildren are special. However, under current legislation, the court can sever those ties in the event of the parents divorcing. The same can also happen if both parents die or relinquish their parental rights. A proposed bill to prevent this and have courts consider […]
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Child custody and parenting plans present many challenges

Going through a divorce and having to make various important decisions naturally creates a stressful time. Along with difficult choices related to property division, parents in Ontario will have to deal with matters involving child custody and drawing up parenting plans. This may be a daunting task because so many issues must be considered and […]
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A divorce can cause financial and emotional turmoil

It is sad but true that a significant percentage of marriages in Ontario and other provinces do not last a lifetime. This is typically a transition that is a considerable challenge, even if the divorce is uncontested. While many divorcing couples remain able to communicate and negotiate contested issues, thorny financial and emotional issues will […]
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Understand the adoption process before you apply

In our previous blog post, we discussed how there are some aspects of domestic adoptions that need to be changed so that so many children won’t age out of the system. The fact is that it is very difficult to adopt children here, but that doesn’t mean that it is impossible. We can help you […]
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The adoption process needs some changes here

Ontario has around 6,000 children who are eligible for adoption. Sadly, some of those children will enter adulthood and age out of the system without ever being adopted. This is due, at least in part, to the outdated and tedious system that is used to approve adoptive families and complete the adoption process. There are […]
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What should you do after divorce to recover?

If you have gone through a divorce, you realize that getting your life back on track is easier said than done. There are many challenges staring you in the face, some of which may appear too much to handle. Even so, as long as you move forward one step at a time, you’ll find yourself […]
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Can your marriage make you sick?

There is no doubt that stress is hazardous to a person’s health. But when the stress comes from an unhappy marriage, can it literally make one sick? Turns out that it might, as one study done in 2005 indicated that remaining in a rocky marriage can worsen certain health conditions. A separate study found that […]
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Divorce circumstances can dictate decisions that must be made

Having to go through a divorce isn’t a fun event. Even when you are the one who was ready to call it quits, the reality that you are going to end your marriage and divide your assets can be difficult to cope with. On top of the life-changing events that you are having to deal […]
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The housing market can affect how the marital home is handled

Who gets to keep the house? That is a question that is asked often in divorce cases in Canada. The answer isn’t one that is always simple. Typically, the couple’s assets are divided during the divorce. Even if only one spouse’s name is on the deed, both spouses usually get half of the equalization of […]
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Polyamorous family don’t have many legal protections

Polyamorists — those who commit to a relationship with more than one person who is in a committed intimate relationship — face challenges when they are looking for legal protections for family law matters in Canada. While this population demographic isn’t a large one, the executive director of the Canadian National Research Institute for Law […]
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Can you be too polite when tip-toeing around the money topic?

Canadians have a reputation for being unfailingly polite, in contrast to our often-brash neighbours to the south. However, could we be too polite at times? Perhaps so, according to one online survey by CIBC of 1,047 Canadians who participate in Angus Reid Forums. Findings suggest that almost all couples think that discussing finances openly prior […]
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Consider each point in your divorce settlement carefully

In our previous blog post, we discussed how pornography can have negative effects on your marriage. If you have decided that your marriage is over because of pornography, you might be ready to file for a divorce. This is a big step since it will end your marriage and give you a fresh start as […]
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Watching pornography might negatively affect your marriage

Pornography can ruin relationships. If you stop and think about it, pornography is something that most people don’t announce that they watch. This is partly because of the negative social stigma of these adult movies. When it comes to married couples, watching pornography has a special stigma. Many people think that porn can cause problems […]
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Study finds seasonal peaks in divorce filings

A recent study by an American sociology professor and a doctoral candidate shed new light on when divorce filings are most common. According to the authors from the University of Washington, who presented their findings to the Annual Meeting of the American Sociological Association in Washington, March and August are the months with the highest […]
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Age, season and boredom may lead to infidelity

Infidelity is one reason why people divorce. A recent study shows that people are most likely to cheat when they are around 39 years old. While the study was an informal study and it wasn’t one that was peer reviewed, the age makes sense according to one expert in the field. The psychotherapist, who is […]
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Police battle in court over who should oversee child exchange

When most divorced couples transfer their child from one parent to the other for visitation, the process doesn’t require law enforcement involvement. Sadly, that’s not the case for a sergeant with the Waterloo Regional Police and his ex-wife. The question before the court is which Ontario law enforcement agency should “police” the exchanges of the […]
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Reasons to give child custody mediation a try

Many people are opposed to child custody mediation, as they don’t believe it can do anything for them. Instead, they are on board with the idea that they will end up in court at some point. Before you go down this path, you may want to learn more about the benefits of child custody mediation. […]
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How should you ask your spouse for a divorce?

Once you are 100 percent sure that divorce is something you want to act on, there is a big step to take: telling your spouse how you feel. Asking your spouse for a divorce is easier said than done, but there are a few things you can do to make this difficult conversation a little […]
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What are the most common reasons for divorce?

Nobody wants to think about the fact that they could divorce in the future, but this is something that strikes many people every year. If you understand the most common reasons for divorce, you can take the steps necessary to avoid this. Here are a few reasons to be aware of: — Marrying for all […]
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Common law spouses face unique challenges during a split

Have you and your partner lived in the same home for at least three years? If so, you may not realize that you are now considered to be part of a common law relationship. If you are in this type of relationship, it’s important that you understand your legal rights. This doesn’t mean that something […]
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Address these property division questions early on

Just because you are going through divorce does not mean you can sit back and feel bad about your situation. There is no denying the fact that you will look at the past and wonder what went wrong, but now is also a good time to look at the future. Here is something to consider: […]
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Are you familiar with these co-parenting tips?

Have you recently gone through a divorce? Are you wondering what this will mean to your relationship with your child? While you are sure to have many questions on your mind, nothing is more important than learning the ins and outs of co-parenting. Once you know what you are doing, everything will soon come together. […]
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How to get organized as divorce closes in

If you realize that divorce is coming soon, it is time to learn more about what you should and should not be doing. By taking the right steps early on, you can avoid a variety of challenges down the road. One of the best things you can do is get organized. This may not be […]
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Debt sharing as a result of divorce

As you prepare for the divorce process, you realize it is only a matter of time before you have to discuss matters of property division. During this time, you will think long and hard about what is to be divided and how to get what is owed to you. While the division of assets is […]
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What is the best way to enforce a child support order?

In a perfect world, anybody who owes child support would pay in full and on time. But in the real world, you know that this is not always true. You hope that you are never in this position, but you realize it could come into play at some point in the future. Just when you […]
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Divorce and car insurance: Details to consider

During something as serious and time consuming as divorce, it’s easy to overlook minor details such as car insurance. However, at some point, you need to focus on this. First things first, answer this question: What is the process of removing your former spouse from your policy? This is something you need to do at […]
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You must answer these divorce questions

If you are interested in moving forward with divorce, it’s not as cut and dry as it may appear. You should realize there are questions to be answered. You should also understand that some challenges may come about along the way. Fortunately, when you answer the most important divorce questions upfront, you may not have […]
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Disputes can arise during a divorce

Wouldn’t it be nice if every divorce could be finalized sooner rather than later? Wouldn’t it be nice if every couple could get along to the point of avoiding disputes? As good as this sounds, yo know it’s not realistic. You may also know that you are sure to run into some resistance as you […]
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Do you understand sole custody?

If you are going through divorce and you have at least one child with your soon to be former spouse, you probably know that matters of custody and child support will be discussed at some point. The phrase “sole custody” is thrown around often, but not everyone understands what this is. Understanding legal terms and […]
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How do you solve a child support dispute?

If you are faced with a child support dispute, it means that you and the other parent are not getting along for some reason. While you think one thing is right, your former partner believes something else to be true. This can lead to quite a bit of trouble, as well as a date in […]
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