Ontario divorces can take two different forms: contested and uncontested. In an uncontested divorce, the parties have been able to agree on the best course of action regarding each of the issues at play in the separation. A contested divorce is one in which the parties cannot agree on some or all of the issues.
To begin any action in family court, you will need to file an Application with the court, and then serve that document on your spouse. Whether you begin with a contested divorce or an uncontested one, the process can be mentally and financially draining.
You should be very certain of your decision before you start the process. The expenses involved in a divorce, such as court fees, legal fees, added household expenditures, and child support can add up very quickly. A divorce can cost upwards of $1500, particularly if it is a contested one. Tailor Law offers a free consultation with a family lawyer, during which we can assess which options are best suited for your specific situation.
If you are certain that divorcing your spouse is the best option for your family, you may file for divorce if:
- If you have been separated for at least one (1) year and there is no chance of reconciliation between you and your spouse, OR
- Your spouse has cheated on you, OR
- Your spouse has treated you cruelly. The cruelty can be verbal or physical.
The most commonly-used ground for divorce is the 1-year period of separation, since the other two criteria must be proven by bringing evidence before the court, which is very hard to do.
Once you are eligible to file for divorce, your Application for Divorce (Form 8A) must be filed with a court registry. Once this is done, you will serve your spouse with the Application and your spouse will then have 30 days to file and serve you with an Answer. This process will make you the “Applicant”, and your spouse the “Respondent”. Your divorce will proceed as contested or uncontested depending on the content (or presence) of your spouse’s Answer.
Divorces can be complicated, especially contested divorces. Being able to successfully navigate the murky waters of family law court at all stages of the process is key to achieving success in your matter. Retaining quality legal representation will ensure that you are filing the right applications and bringing the right arguments before the court. At Tailor Law, our family lawyers are trusted, reliable, and fully dedicated to knowing your case from front to back.
Although it’s possible to divorce without hiring a lawyer, this isn’t recommended due to the life-changing potential of the decisions you will need to make during this process. A lawyer can provide you with guidance regarding parenting plans, child support, spousal support, matrimonial property, finances, and debt. Fathers heading into divorce proceedings are going to be looking for the best lawyers for their case. Tailor Law works with these dads throughout the various stages of the matters to make certain that every step is managed with care and precision.
The best path to take to divorce will depend on the degree to which you and your spouse agree on the terms of your divorce. Whether or not you are in agreement with your spouse about the specifics, it is crucial to be aware of your rights and obligations as a father, a provider, and a soon-to-be ex-husband.
Obviously, the stakes are very high during a divorce or separation and it can be extremely taxing, emotionally. This can be a stressful and lonely road to walk alone, but our family lawyers are very familiar with the subtle complexities of the law and can relieve a lot of the associated anxiety.
Tailor Law lawyers are willing and able to give you the personal advice and attention you need during this difficult time. We will advocate vigorously to defend the rights of husbands and fathers who find themselves at the end of their marriages.
A lot of dads feel like their parental needs and/or rights are overlooked or ignored when they battle for custody of their child(ren). It’s easy to see where the stress comes in – most fathers understandably want the same child custody and support rights as mothers have. As a father facing a divorce, it is essential that you continue to engage in frequent, regular contact with your children as much as possible. You can turn to a lawyer for help formulating a parenting plan, a custody and/or access schedule, or an order for joint or sole custody. It can also be very helpful to employ lawyers as a sort of “buffer zone” between you and the other party.
Depending on the specifics of you and your spouse’ personal circumstances, you may be responsible for paying child and/or spousal support. In the alternative, your spouse may be the one legally bound to provide support. The question of who pays and who receives is decided based on factors such as custody, income, the best interest of the child, and the status quo of family life prior to the split. Our family lawyers are able to help you figure out what the likely determination of support obligations will be in your particular case.
Child support is paid to the spouse with custody of the child(ren), by the spouse without custody. These payments are designed to cover the maintenance and ongoing care of children when their parents separate or divorce. The amount that a parent owes per child is calculated based on that parent’s income and financial circumstances. Usually, child support payments continue until the child being supported turns 18.
A common concern among separated or divorced dads is that the child support money they are paying is not actually being spent on supporting their children. Tailor Law strives for administrative and financial transparency in all stages of the case, including the post-divorce support period. To learn more about child support, visit our child support information page (listed in the blue menu near the top right of this page).
Aside from being a romantic partnership, marriage is an economic partnership for the purposes of the law. This means that the matrimonial home and any other property acquired during the marriage is considered by the courts to belong equally to both partners. Because of this, upon dissolution of the marriage, the property is generally divided equally between the spouses through a process known as equalization.
Each party to the divorce will be asked to provide financial disclosure, which is the financial documentation showing his or her economic circumstances. The court depends on this disclosure to determine support obligations and the amount to be equalized, so it is important to have a lawyer on board to scrutinize your spouse’s finances and convincingly present yours. The value of any personal property will be determinative in the court’s decision regarding how the net family property will be divided.
Tailor Law is an avid supporter of a father’s right to be an active and involved parent to his child(ren). We will advocate for equal parenting rights between spouses, regardless of gender. Our team of professionals is on your side, and we are cognizant of the negative stigma that you may face as a man in the family court system. We are prepared for this, and can advise you on the best course of action in your quest to create the best possible parenting scenario for your child(ren). Let us help ease your transition into the next chapter of your family’s life.
If you are a father facing divorce proceedings, and you do not live close enough to a courthouse to physically attend and gather information, the Attorney General’s website for Ontario can point the way to resources outlining how to respond to a divorce filing or child support issue. Additionally, Tailor Law family lawyers will enthusiastically represent you on your matter as soon as we are retained. Give us a call right now if you would like a free consultation with a lawyer. In addition to Toronto, we serve clients in Mississauga, Oakville, and all areas of the GTA.