WORK TOWARD DIVORCE RESOLUTION
Divorce is hard on everyone but there are often additional burdens placed on women before and after separation. Women are often the primary caregivers for their children, and we do this while balancing work responsibilities and social obligations. The divorce process can be made more bearable with proper, reliable legal representation and advice. You don’t have to go through this alone.
Women remain in unhappy or abusive marriages for a multitude of reasons. Fear is often the main driving force behind their decision to stay. Many women are afraid that if they leave their partner, they won’t be able to provide financially for themselves or their children, their partner will seek revenge, that they will lose custody of their children, or that they will be deported.
Access to legal counsel can provide you with the answers you need in order to be able to protect yourself against these outcomes. Tailor Law’s Toronto divorce lawyers are ready to assist you in resolving your divorce with the best possible outcome. Give us a call any time at 905-366-0202 to book your free consultation with one of our divorce lawyers for women.
As your lawyer, we can help you:
- File for divorce
- Obtain child and/or spousal support
- Obtain a restraining order
- Advise on immigration concerns arising from divorce
- Secure exclusive possession of the matrimonial home
- Obtain joint or sole custody of your child(ren)
- Negotiate custody and access arrangements
- Organize and assess your financial situation
Obtain an order for non-removal your child(ren) from your region
HELPING WOMEN ASSERT THEMSELVES
Women and kids are often the ones who get hurt the most during a divorce. This is why an expedient and properly executed separation process is extra important. Tailor Law’s diverse group of family lawyers for women in Toronto can help you achieve this while providing guidance as you move from one step to the next. Our goal is to resolve the end of your marriage in a way that allows you to transition to independence and get back to enjoying the good things in life.
Many divorces involve power imbalances between the parties, and unfortunately, women are often the party with less power within the relationship. This can mean added barriers to securing a fair and safe separation. Tailor Law lawyers are familiar with the obstacles faced by women in these types of situations, and the firm maintains involvement with local women’s shelters and outreach programs.
Protecting yourself (and your children, if any) should be your first priority when heading toward divorce. That is why it’s important to retain counsel early on in the process. Our family lawyers will advocate for your position and make sure that your best interests are legally accounted for. This is a difficult time and Tailor Law’s divorce lawyers for women are here to listen without judgment and provide support.
HOW TO FILE FOR DIVORCE
Divorces can be divided into two types:
- Uncontested Divorces: These are divorces in which you and your spouse agree that you both want to get divorced, and have been able to reach a consensus on the resolution of all the surrounding issues such as support, child custody, and the division of matrimonial assets. Former couples can apply jointly for an uncontested divorce, or one party can apply and the other party can simply not contest it.
- Contested Divorces: When you and your former partner cannot agree on the divorce itself or the terms of the divorce, the divorce is said to be “contested”. For this type of divorce, the parties will either need to reach an agreement on the terms of the separation by negotiation, or obtain a judge’s order as the final determinant of the issues in dispute. This type of divorce almost always takes more time and money to complete.
Tailor Law lawyers have experience with both contested and uncontested divorces, and we offer a free consultation in order to determine how we can best help you, and what path forward makes the most sense for your situation.
Under Ontario law, there are three circumstances in which you may legally file for divorce:
- you have been separated from your spouse for at least one (1) year and there is no chance of reconciliation, OR
- Your spouse has been unfaithful to you, OR
- Your spouse has treated you cruelly. Cruelty includes verbal or physical cruelty.
Today in common practice, mainly the first option is relied upon, and after one year from the date of separation, one or both of the parties can apply for divorce.
When filing for divorce, the first step is to draft, serve, and file the divorce application form with the court. If you retain counsel, this is something that your lawyer will do for you. The terms of the divorce have already been worked out and put into the form of a separation agreement, that agreement can be submitted jointly by one or both of the parties as the terms of the divorce.
If the terms have not been worked out, the person filing the Application will include their desired terms of the divorce, and the opposing party will file an Answer which includes their desired terms. The final terms of the divorce will be determined through negotiation or a judge’s order.
THE DIVORCE PROCESS
The prospect of getting divorced is very daunting to many women, particularly if the divorce is contested. A lawyer who is well versed in this process will be able to advise you on crafting a parenting plan, the division of matrimonial assets, your entitlement to spousal support, and the ways by which these are solidified in court documents or agreements. Tailor Law divorce lawyers will consider the impact that these decisions can have inside, and outside of the courtroom, and recommend a path of action that is most likely to get you the outcome you desire and deserve.
CHILD CUSTODY AND ACCESS
When a parent has custody of a child, this means that the parent has the legal right to make important life decisions for that child. Access to, or physical custody of a child refers to the actual time the parent spends with the child in his or her care. There are many different variations of custody arrangements, but they all fall into the categories of sole or joint/shared.
If you have sole legal custody of your child, this means that you are the only parent authorized to make important decisions regarding the medical care, schooling, and safety of your child. If you have sole physical custody of your child, this means that your child resides solely with you, and the other parent may or may not have access to the child pursuant to the terms of the separation agreement.
Shared custody may refer to joint legal custody, shared physical custody, or both. If parents share joint legal custody, both parents are entitled to make important decisions for their child. If parents share physical custody, this means that the child spends at least 40% of his or her time living with each parent. In many arrangements, parents share legal custody of their child, but only one parent physically lives with the child.
Most often in cases of one parent having sole custody of a child, the other parent is granted the right of “access”, through which they may spend time with the child. According to the circumstances of the situation and the agreement or orders governing the access, this time between the non-custodial parent and the child may be supervised or unsupervised, overnight or during the day only. It may be regularly scheduled pursuant to the agreement or order or may be allowed only upon the permission of the custodial parent.
Tailor Law will work with you to determine the best arrangement for your specific family and will fight on your behalf to make it a reality. Let us walk you through your options and carefully craft a plan to move forward in the most beneficial and expeditious way possible. You do not have to walk this path alone.
Child support is financial support owed to a child by his or her parents upon the breakdown of the parents’ relationship. Child support flows to the parent with physical custody of the child from the parent without physical custody. The right of the child to be financially supported cannot be contracted away in the separation agreement. Parents sharing physical custody of their child will each be responsible for covering the child’s basic expenses when the child is in their care, and parents will generally be required to share the cost of Section 7 (special and extraordinary) expenses.
Child support generally continues until the child has reached the age of 18 or until he or she has completed post-secondary schooling. The idea behind this is that the child shall be supported by the parents until he or she is able to be financially independent. Ultimately, a child support arrangement must benefit the best interests of the child, not the parents. However, part of any child’s best interests includes making sure that his or her primary caregiver has proper support and a stable home environment.
Tailor Law provides full service and representation in child support matters for mothers living in Toronto, as well as in Mississauga, Oakville, and throughout the GTA. We urge you to contact us today at 905-366-0202 if you think you may need help securing your child’s right to financial support and/or your own.