Your questions about family law in Ontario

Navigating family law can be complex and overwhelming. At stonglawllc.ca, we understand you have many questions and concerns. This section aims to provide straightforward answers to the most common inquiries we receive, helping you better understand your situation and available options.

Frequently asked questions

We believe in empowering our clients with knowledge. Here, we address key topics in family law, offering clear and simple explanations. Our goal is to demystify the legal process and provide you with the information you need to make informed decisions.

What is the difference between legal separation and divorce in Ontario?
You are separated the moment you and your spouse begin living "separate and apart" with no intention of getting back together. A divorce is the official court order that legally ends your marriage so you can remarry.

How long do I have to be separated before I can get a divorce?
You must be separated for at least one full year before a court can grant your final divorce order. However, you can start the legal paperwork and negotiate your separation agreement during that one-year waiting period.

Do I have to go to court to get a divorce or separation agreement?
No, you do not have to step foot in a courtroom to get a separation agreement. Most couples resolve everything through mediation or collaborative negotiation, filing the final paperwork with the court only to make the divorce official.

What is the difference between "decision-making responsibility" and "parenting time"?
Decision-making responsibility refers to the right to make major decisions about a child's upbringing (e.g., education, health, religion). Parenting time refers to the schedule and arrangements for when each parent spends time with the child.

How is child support calculated in Ontario?
Child support is generally calculated using the Federal Child Support Guidelines, which consider the payor's income, the number of children, and the province of residence. Special expenses (e.g., childcare, medical expenses) may also be added.

Can a parent refuse visitation if child support is not paid?
No, child support and parenting time are legally distinct issues. A parent cannot legally withhold parenting time because child support payments are not being made, or vice versa.

How is property divided after a divorce in Ontario?
In Ontario, property acquired during the marriage is generally divided equally between spouses. This includes assets like the matrimonial home, savings, investments, and pensions. There are rules for valuing property and equalizing net family property.

Are common-law couples entitled to the same property rights as married couples?
No, common-law couples in Ontario do not have the same automatic property division rights as married couples. Property is typically divided based on ownership, though claims can be made for unjust enrichment or constructive trusts.

Who gets to stay in the house during a separation?
If you are married, both spouses generally have a right to occupy the matrimonial home. If one spouse wants the other to leave, they typically need a court order, especially if there are children. Interim arrangements are common.

How much will a family law lawyer or divorce cost?
The cost of a family law lawyer and divorce varies widely depending on the complexity of your case, whether it goes to court, and how quickly an agreement is reached. We offer consultations to discuss potential costs based on your specific situation.

How long does the entire family law process take?
The duration of the family law process depends on many factors, including the willingness of both parties to negotiate, the complexity of issues, and court backlogs. Simple cases can resolve in months, while complex ones can take a year or more.

What should I do if my partner just told me they want a divorce?
Your very next step should be to consult with a family law lawyer. We can help you understand your rights, responsibilities, and options, and guide you through the initial stages to protect your interests and those of your children.

Urgent concerns? We can help.

Some situations require immediate legal attention. If you are facing urgent questions like "Can my spouse legally kick me out of our house or change the locks?" or "How do I protect my personal bank accounts and business assets right now?", do not hesitate to contact us. We also address critical child security questions such as "What do I do if I think my ex is going to take our kids out of Ontario without my permission?" or "How can I ensure my children stay in their current school and neighbourhood?".

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