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Canadian family law questions in 2017

While we're separated can my partner and me still reside together?

You'll find circumstances where you may be considered to be living individual even though you as well as your partner are living in exactly the same home. Nevertheless, there has to be clear evidence demonstrating that both of you aren't living together whileyou both still continue to stay in your home. In the event you are unsure, consulting an attorney will be wise.

Is a child support order from another province valid in Ontario?

Yes. Orders produced with a court in any province or territory under the Divorce Act are recognized in Ontario. Before they could be imposed if not, orders mustbe filed with an Ontario court.

Do I need an attorney to get a divorce?

Without consulting a lawyer you may file an application for divorce; nevertheless, you need to probably do so before hand. In case you risk losing a lot, an attorney is able to help you understand your rights and any possible issues which could possibly impact theoutcome of your divorce.

What is a divorce application that is simple?

If you don't have any other claims, including access, guardianship or support, you can ask for an easy divorce. A simple divorce can beprepared as a combined application by one spouse or both. The purpose of this application will be to make the divorce move forward considerably faster.

How much will getting a divorce cost me?

Resolutions will be different, but court fees in Ontario are usually around $450. Including the fee for filing the divorceapplication before the divorce documents are reviewed by the court and the fees that must definitely be paid.

Does child support payments affect?

No, although debts that are other can be wiped out by a bankruptcy, it doesn't effect a child support obligation. Usually the person paying support will threaten to file for bankruptcy unless the receiver is more cooperative. Nonetheless, in reality an insolvency would actually alleviate a few of the pressure in the paying party by removing outside debts, thus making more cash open to cover child support.

If I didn't respond to a divorce application in time, what happens?

If you haven't filed an answer in time, the applicant can now request the court for an order based on the claims made in theirapplication. The court will not hear from you and will never be entitled to be involved in the case.

Child support payments are not being made by my ex-husband. What can I do?

You or the Family Responsibility Office (FRO) can take steps to make certain that child support payments are made.

Which are the primary measures in the divorce procedure?

Generally the first step is a case conference where the parties meet using a judge to talk about the problems and measures which should be taken. A settlement conference, which narrows the issues indispute or settles usually follows a case conference. A trial will probably be essential, if parties cannot settle.

If I've been living with my partner for more than THREE years, do I require a divorce?

Just wedded partners need a divorce. Yet, couples that have lived together for a significant amount of time might have issues to deal with when their relationship ends. If appropriate, access, custody, support and division of jointly owned property will have to be settled. Since your rights and obligations will generally be different than those of married partners you should consult with a lawyer.

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