When you decide to divorce, you will need to file your papers in the Superior Court of Justice or the Family Court. If your divorce isn't the result of adultery, then you can choose to file in the Family Court. The Ontario Court of Justice can hear custody and support cases. However, many couples choose to settle their differences outside of court. This option is known as mediation, and is a more affordable alternative to filing for divorce.
In order to apply for a divorce in Toronto, you must have been legally married for one year. If you and your spouse have children, you must have committed adultery or cruelty against each other in the past year. Usually, you can apply for a divorce within 90 days, as long as you have not lived together during that time. Otherwise, you will have to file for a new divorce after 90 days.
Your lawyer must be able to handle family law. A separation can be emotionally and financially draining, so choosing a lawyer who is good at what they do is important. Your attorney should be able to explain all of your options, provide a plan and discuss the next steps. If you're not sure where to begin, check with a friend or a trusted legal professional for referrals. While online rating services are a good way to find a lawyer, remember that these are often written by opposing spouses who were unhappy with their experiences with their lawyers. You can also check the lawyers' disciplinary records through the provincial law societies, which regulates all lawyers in Canada.
If you and your spouse live in a shared home, you might want to move out of it. If your spouse doesn't agree to leave the property, you can either go to court to have it ruled that you can stay in the house, or seek interim custody and support. You can also apply for exclusive possession of the matrimonial home. If you are not comfortable with a shared living situation, you may want to consult a family lawyer in Toronto.
In addition to separating, you'll need to decide if you'll continue the relationship. It's important to consider your options and ensure you are making the best decision for your family. A divorce lawyer will ensure your goals are met, and your wishes are respected. If you are unsure whether you should get a divorce, you may need to hire a lawyer to help you with the separation.
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