While every family’s journey through divorce and separation is unique, many common issues arise that, with careful consideration and effective communication, can be resolved to facilitate a smoother transition for all involved. The goal is often to minimize conflict and create a stable environment, particularly for children.
Here’s a breakdown of how common family issues are typically addressed during divorce and separation:
1. Child Custody and Parenting Arrangements
• Initial Disagreements: Parents often start with different ideas about where children will live and how much time they’ll spend with each parent.
Resolution Pathways:
- Mediation
- Negotiation (through lawyers)
- Litigation (Court Order)
• Key Considerations:
- Parenting Plan
- Child’s Voice
- Co-Parenting
2. Child Support
Purpose: To ensure both parents contribute financially to the upbringing of their children, regardless of where the children primarily reside.
• Resolution Pathways:
- Provincial/State Guidelines
- Agreement
- Court Order: If an agreement can’t be reached, a court will order child support based on the applicable guidelines.
• Common Issues: Disputes often arise over income disclosure, extraordinary expenses (e.g., extracurricular activities, healthcare not covered by insurance), and enforcement of payments. These are usually resolved through updated financial disclosure, mediation, or court intervention.
3. Spousal Support (Alimony/Maintenance)
Purpose: To address economic imbalances that may arise after a divorce, particularly if one spouse sacrificed career opportunities to support the family or has a significantly lower earning capacity
• Resolution Pathways:
- Negotiation/Agreement
- Court Order
• Key Issues: Debates often revolve around the amount and duration of support, whether it’s rehabilitative (time-limited to allow a spouse to become self-sufficient) or indefinite, and the impact of future changes in circumstances.
4. Division of Marital Property and Debts
• Identification and Valuation: The first step is to identify all assets (e.g., real estate, bank accounts, investments, pensions, businesses) and debts (e.g., mortgages, loans, credit card debt) acquired during the marriage. Valuation can be complex for certain assets like businesses or pensions, often requiring expert appraisals.
As anticipated, the possibility of a divorce brings clients to our office with a wide range of emotions. We are very sensitive to those going through a marital breakdown. We understand that some of you have lost what seemed a source of unconditional support, only to be replaced by the frustration of seemingly hostile or stressful legal proceedings. In order to legally end your marriage, you must apply to the court for a divorce. An application for divorce can only be filed in a Superior Court of Justice or Family Court branch of the Superior Court of Justice.
We have handled hundreds of contested divorces with confidence, compassion and personalized attention. Hiring a divorce lawyer early in the process often prevents the mistakes that occur when parties to divorce represent themselves before the court. We know this because we handle many cases where individuals have tried to handle their divorce themselves and later came to us when they could no longer navigate their way through the legal system. Receiving legal assistance early in the process can prevent many of the mistakes clients make trying to handle things themselves.
In addition to contested divorces, we will be able to assist you with an uncontested divorce.