Family Law in Ottawa, ON

What Is the Divorce Process Like?

In Ontario, the divorce process starts with one spouse filing a divorce application with the court. The application must include information pertaining to the marriage, the reason for divorce, and details regarding the children of the marriage.

Once the application is filed, the other spouse must be served and given an opportunity to respond. If the spouses agree with the terms, they can file a joint application for divorce. If they cannot agree, they will have to go through a court process where a judge will make a decision for them.

The divorce process may involve attending court hearings and participating in mediation or other forms of dispute resolution. Depending on the nature of the divorce, the process can be complex and time-consuming. Therefore, it’s imperative to seek legal advice from an experienced team such as AGB Lawyers if you are considering divorce or have been served with divorce papers.

How Does the Court Determine Child Custody?

The court’s primary concern when determining child custody is the best interests of the child. In making this determination, the court will consider several factors. These include the child’s physical, emotional, and developmental needs, the ability of each parent to meet those needs, the child’s relationship with each parent and other family members, and the child’s preferences if they are old enough to express them.

How Does the Court Determine Child Support?

In Ontario, the court uses the Child Support Guidelines to determine the amount of child support that should be paid by a non-custodial parent. These guidelines provide a formula for calculating the amount of support based on the non-custodial parent’s income, the number of children, and the amount of time the children spend with the non-custodial parent.

The court may deviate from the guidelines if there are special expenses for the children, such as childcare or medical expenses, or if the non-custodial parent’s income is significantly higher or lower than the guideline amount.

What Are the Different Custody Arrangements?

The court may order joint custody, in which both parents have shared decision-making authority and parenting time. Or the court may order sole custody, in which one parent has primary responsibility for the child’s care and upbringing. In either case, the court may also order visitation for the non-custodial parent, as well as child support to be paid by the non-custodial parent to the custodial parent.

Can Child Support Be Modified?

Child support orders can be modified if there is a significant change in the circumstances of either parent or the children. It is a good idea to seek legal advice from an experienced family law lawyer at AGB Lawyers if you are seeking to have a child support order modified.

How Can I Enforce Child Support?

• You can ask the Family Responsibility Office (FRO) to enforce the order. The FRO is a provincial government agency that can help you collect court-ordered child and spousal support payments.
• You can seek assistance from the court and request for them to enforce the order. This can be done by filing a motion with the court and asking a judge to hold the paying parent in contempt of court for failing to comply with the support order.

It is important to note that you should seek legal advice before taking any steps to enforce a child support order. An experienced family law lawyer will be able to advise you on the best course of action for your particular situation.

How Long Does the Divorce Process Take?

The exact length of the divorce process will depend on several factors, including the complexity of the issues being resolved, the willingness of both parties to cooperate, and the availability of the court. The divorce process can take anywhere from a few months to a year or more to be finalized.

How Can a Divorce Lawyer Help?

Divorce proceedings are emotionally taxing experiences that can be eased by the valuable support of an experienced family law lawyer. Your lawyer at AGB Lawyers will provide legal advice, explain your legal rights and obligations, and help you work toward the most suitable course of action for your specific circumstances. A divorce lawyer will also be able to help you negotiate a fair settlement, represent and advocate on your behalf if your case goes to court, handle all legal communications, and file and serve documents.