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Client Quotes" I really appreciated the friendly and professional atmosphere I found at Ambridge Law. I felt that I could rely on them, and that gave me confidence and helped me to get through my divorce "A. K. M., Woodbridge, ON
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 Family Law FAQ
 What are the grounds for divorce?
In Canada you can obtain a divorce if you can prove to the court that there has been a breakdown in marriage, which is shown only by one of the following three grounds:
- You and your spouse have lived separate and apart for at least one year;
- The spouse not requesting the divorce has committed adultery against the spouse requesting the divorce; or
- The spouse not requesting the divorce has committed physical or mental cruelty against the spouse who is requesting the divorce.
Can one lawyer represent both of us for divorce process?
No, this is usually a conflict of interest. Each spouse must each obtain Independent Legal Advice on issues regarding the children, support, and division of property.
How long will the divorce take?
You must first meet one of the three grounds for divorce in order to obtain a Divorce Order. If there are no contested issues between your spouse and yourself, then the divorce can proceed by way of written documents requesting the divorce. This takes approximately 3½ to 4½ months, depending on the volume of divorces that are being processed by the court.
If there are contested issues between your spouse and yourself, generally the divorce will be delayed until these issues are resolved, which can take weeks, months or years, depending in large part on how far apart you and your spouse are on the contested issues.
Can I make my spouse pay for my legal fees?
Generally, you pay the fees for your own lawyer. If you win in court, sometimes the judge will award some amount of costs to you, however this is usually a small amount and will not reimburse you for all of your legal costs. In some cases, it is possible to get your spouse to advance you funds for your legal costs.
What can I do to keep legal costs down?
Have all relevant information and documents ready for your lawyer. Collect and maintain organized records of finances and other documents. Respond to your lawyer’s requests for information or records promptly. Prepare for telephone calls and office meetings with your lawyer ahead of time. Focus on the time with your lawyer on legal issues. Often time spent venting or complaining about your ex-spouse’s behavior will not advance your legal case. Have those conversations with your friends, family members or therapist instead.
How much will my case cost?
It is not possible for your lawyer to predict the total cost at the beginning of your case. Your lawyer should be able to provide you with an estimate of the cost of certain steps involved in your case. However, the way your case proceeds will depend on what issues are disputed, how complicated your situation is, the attitude and tactics of your ex-spouse and his or her lawyer, and your willingness to resolve the matter and move forward.
Should I move out of the house?
Not necessarily. You should obtain legal advice from a family law lawyer before you make the decision to move out of the family home. Once a party moves out, a lawyer may have difficulty getting an order for that person to be able to move back later.
How can I prove my spouse is hiding cash?
In the early stages of the divorce, both parties will be required to disclose their financial circumstances and provide proof, including bank statements, returned cheques, pay stubs, and investment account statements. In addition to this, your family law lawyer may recommend “questioning” (also called “examinations for discovery”) of your spouse, which is a process of obtaining more information and records from your spouse. Your lawyer may also discuss hiring other experts, such as accountants or business valuators to help with the financial investigation.
Can I change the locks on the house?
You are not entitled to prevent your spouse from coming into the matrimonial home unless a judge makes an Order for exclusive possession. If you fear for your safety, you and your family law lawyer should discuss obtaining a restraining order, which typically would prevent your spouse from returning to the house.
What if I don’t show up in court?
The judge can make an Order even if you are not in court. If you missed a court date and an Order is made, you should consult your lawyer to see if anything can be done to change the Order.
How does the Court decide who gets custody of the children?
If you and your spouse cannot reach an agreement on custody, the court’s decision as to which party will have custody is based upon the child’s best interests after considering all the relevant factors and circumstances. The judge may place some weight on the child’s wishes depending on the child’s age and maturity level. It is also important that the child’s wishes be demonstrated in a non-biased way. Ultimately, the decision of custody would still rest with a judge who may review the child’s wishes as one factor in determining custody.
My child says he does not want to see my ex-spouse. Do I have to force him to see my ex-spouse?
A judge may question whether a child has been influenced against seeing the other parent, either explicitly or through subtle means. If your children know that you have negative feelings about your spouse, they may feel that they are being disloyal to you by seeing that person. Never speak in a negative manner about your ex-spouse in front of your children, and do not allow your friends or other family members to do so. You should encourage your children to see your ex-spouse. Generally, it is in the children’s best interest to maintain a relationship with both parents.
I know that my ex-spouse will make it difficult for me to move away with the children. Can I move and then tell him/her?
This is a decision that may backfire. Your ex-spouse could go to court and obtain an Order that the children be returned. Making unilateral decisions that significantly impact the children and your ex-spouse will not seem appropriate from a judge’s perspective.
If my spouse and I have 50/50 time split with the children. Does that mean that I don’t have to pay child support?
Not necessarily. You may still be required to pay child support depending on the incomes of you and your ex-spouse, the costs of the children, and who pays for the children’s expenses.
How much child support will I have to pay?
The Federal Child Support Guidelines set the table child support amount based upon the number of children and your annual gross income: http://www.justice.gc.ca/en/ps/sup/
What about extra expenses for the children?
In addition to the Guidelines’ amount of monthly child support, there is a list of children’s expenses that you may be required to contribute to, such as daycare and extra-curricular activities, as well as other expenses. If the expense is one that fits within the categories, then your ex-spouse’s income becomes relevant and you each pay your proportionate share of these expenses.
My ex-spouse will not let the children see me. Can I stop paying child support?
No. Child Support is paid regardless of whether you are seeing the children or not. If you are being denied access to the children, this is very serious and you should discuss this with a family law lawyer. Do not stop paying child support, because this will look very bad if you go to court to request access. Your children still need financial support from you.
The kids are with me for the summer. Can I stop paying child support?
No, you must continue to pay the support unless there is specific provision in a court Order or separation agreement that child support will not be paid for certain periods of time.
Do I qualify for Spousal Support?
Whether you qualify for spousal support is a question that depends upon the particular factors of your situation. Some things that the judge will look at to determine entitlement to spousal support include:
- The length of time that you lived with your spouse;
- The income of both parties;
- The present and future earning capacities, education, and work history of both parties;
- The ability of the spouse to become self-sufficient and the length of time for training that would be necessary;
- Reduced or lost earning capacity of the party seeking support as a result of having foregone educational, training, or employment opportunities during the marriage;
- The presence of children and any special needs the children may have;
- Contributions and services of the party seeking spousal support as a spouse, parent, wage earner and homemaker to the career or career potential of the other party; and
- Whether the claiming party suffers a decreased standard of living after the marriage breakdown.
How much will I pay/receive for spousal support?
This is another question that is difficult to determine without the assistance of an experienced family law lawyer. The amount of spousal support depends upon all factors listed above and also depends on case law precedents, (how much has another spouse in Canada received in similar circumstances to mine). The ranges of spousal support have been so variable that there has been a call to provide some guidelines and consistency to spousal support.
How long will I have to pay spousal support?
The answer to this depends upon the factors set out above, and varies from case to case.
Can the amount of spousal support be changed?
This depends on the terms of the original Order or agreement. You may also need to show that there has been a material change in the circumstances, means or needs of either party. Please Contact Us to discuss your legal issues.
What property gets divided?
If you are married, everything you own, whether jointly together or in separate names, is subject to division between the two of you, with some specific exemptions. Please Contact Us to discuss your legal issues.
I did receive an inheritance of $50,000 during the marriage. Do I get this money back?
Only if you can show that the asset you acquired with the inheritance still exists separate from joint family assets. If an asset was placed into joint names or a joint account, you lose a portion of your original exemption.
Can I get back the money that my parents gave us?
If this was a gift intended at the time for the two of you, then no. If it was a gift to you alone, then it maybe exempt to you. If it was a loan, then you are expected to re-pay it as a matrimonial debt.
Do I get half of my spouse’s pension?
The amount of the pension that was accumulated during the years of the marriage is divisible equally.
Can my spouse sell the house?
If you are jointly on the title to the house, then your spouse cannot sell it without your consent. However, she/he may be able to obtain a court Order directing the house to be sold. You would be entitled to notice of any application to the court for the sale of the matrimonial home.
How can I get my name off the mortgage, credit cards, or car loans?
In each instance, the loan or credit obligation must be refinanced and the lending institution must release you from liability. This cannot be accomplished directly as a result of divorce or property division process. If the lending institution will not remove your name, you may reach a settlement with your ex-spouse whereby he/she agrees to pay the loan and indemnifies you (holds you harmless) from it. In that case if you were ever held liable for the loan, your ex-spouse would have to reimburse you.
If my spouse or former spouse goes bankrupt, am I responsible for joint debts?
Yes, unless you also go bankrupt. Keep in mind that this applies only for joint debts.
What must a person do to proceed with a step-parent or relative adoption?
You will need to make an application to an Ontario court under the Child and Family Services Act, (CFSA). As it can be a complicated process, you should consult an experience family law lawyer with knowledge of adoption matters.
Can people who live outside Ontario adopt in Ontario?
To adopt in Ontario, a person must be a resident of Ontario. It is possible for someone to adopt in Ontario if the person is temporarily living outside of Ontario, but has retained a connection to Ontario and fully intends to return to the province to live in the foreseeable future.
Can a person take a child into his/her home informally and worry about the adoption paperwork later?
It is against Ontario law to take a child into your home for adoption before you have the approval of the Ministry. That would be a breach of the Child and Family Services Act and could have serious consequences.
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