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Your Legal Questions, Answered.

No legalese. Just the raw truth about Ontario Family Law.

Divorce & Separation

Child Custody & Parenting

Property & Assets

Spousal & Child Support

Wills & Estates

Collaborative & Mediation

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Questions You Need Answered

16 answers to guide you forward.

Divorce & Separation

The cost of a divorce in Ontario varies significantly based on complexity. An uncontested divorce with no disputes typically costs $2,000-$5,000. A contested divorce involving custody, support, or property disputes can range from $15,000 to $50,000 or more. At Tailor Law, we provide transparent fee estimates during your initial consultation and offer flexible payment arrangements.

An uncontested divorce typically takes 4-6 months from filing to final order. Contested divorces can take 1-3 years depending on the issues involved. The mandatory one-year separation period must be completed before filing, though you can resolve custody, support, and property issues during this time.

Canada has a 'no-fault' divorce system. The most common ground is one year of separation. Other grounds include adultery or physical/mental cruelty, though these are rarely used as they require proof and can increase conflict and costs.

Not necessarily. Many divorces are resolved through negotiation, mediation, or collaborative law without ever stepping into a courtroom. However, you will need to file court documents to obtain your divorce certificate. Only contested issues that cannot be resolved through alternative dispute resolution require a court hearing.

Child Custody & Access

Custody decisions are based on the 'best interests of the child' standard. Courts consider factors including: the child's emotional ties with each parent, each parent's ability to provide care, the child's views (if age-appropriate), stability of proposed living arrangements, and each parent's willingness to support the child's relationship with the other parent.

Under Ontario's updated terminology, 'custody' is now called 'decision-making responsibility' (major decisions about health, education, religion), and 'access' is now called 'parenting time' (the schedule of when the child is with each parent). Both parents typically share decision-making unless there are concerns about a parent's judgment or ability to cooperate.

Relocation with a child requires either the other parent's consent or court approval. You must provide written notice at least 60 days before a proposed move. The court will consider whether the move is in the child's best interests, including the reason for the move, impact on the child's relationship with the other parent, and proposed changes to parenting time.

There is no specific age in Ontario law. Courts give increasing weight to a child's preferences as they mature, typically around age 12-14. However, the child's wishes are just one factor — the court ultimately decides based on the child's overall best interests, not solely their preference.

Financial Support

Child support is calculated using the Federal Child Support Guidelines based on the paying parent's gross annual income and the number of children. The Guidelines provide specific tables for each province. Additional 'Section 7' expenses (childcare, medical, extracurriculars, education) are shared proportionally based on each parent's income.

Duration depends on the length of the marriage and the recipient's ability to become self-sufficient. The Spousal Support Advisory Guidelines suggest: for marriages under 5 years, support lasts 0.5-1 year per year of marriage; for marriages 5-19 years, 0.5-1 year per year; for marriages 20+ years or where the recipient is 65+, support may be indefinite.

Yes, child support can be modified when there is a 'material change in circumstances' such as: significant income change (increase or decrease), change in parenting time arrangement, child's needs changing, or a child reaching age of majority. Either parent can request a review and modification.

Ontario's Family Responsibility Office (FRO) can enforce support orders through: wage garnishment, driver's license suspension, passport denial, reporting to credit bureaus, and even jail in extreme cases. You can also bring a contempt motion in court for willful non-payment.

Process & Fees

Bring: marriage certificate, separation agreement (if any), financial documents (tax returns, pay stubs, bank statements), property documents (deeds, mortgage statements), existing court orders, and a timeline of key events. The more information you provide, the better advice we can give.

Yes, Tailor Law offers flexible payment arrangements including monthly payment plans, credit card payments, and in some cases, deferred payment structures. We believe financial constraints should not prevent access to quality legal representation. We'll discuss options during your consultation.

Mediation is a voluntary process where a neutral mediator helps you and your spouse reach agreements. It is typically faster, less expensive, and less adversarial. Litigation involves going to court where a judge makes decisions for you. It is necessary when parties cannot agree or there are safety concerns. Many cases use a combination of both approaches.

Step 1: Consult with a family lawyer to understand your rights and options. Step 2: Gather financial documents and information. Step 3: Attempt to negotiate a separation agreement covering custody, support, and property. Step 4: File an Application for Divorce with the court. Step 5: Serve documents on your spouse. Step 6: Complete required steps and obtain your Divorce Order.

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