Divorce and Family Lawyers in Oakville
Life can take unexpected turns, and sometimes those moments require trusted legal guidance to help you move forward. Whether you’re navigating a separation, divorce, parenting dispute, or any other family law issue, having the right lawyer by your side makes all the difference.
At Alves Law, we understand the emotional and practical challenges that come with family law matters. Led by Emma Alves, our experienced team provides compassionate, solution-focused legal services across all areas of family and divorce law — including property division, decision-making responsibility (custody), child and spousal support, separation agreements, and more.
Your Trusted Oakville Family & Divorce Law Firm
With extensive experience representing clients throughout Oakville and the surrounding region, Alves Law is committed to protecting your rights and helping you reach fair, sustainable outcomes. We tailor every strategy to your situation, whether you’re seeking a peaceful resolution through negotiation or require strong representation in court.
Our lawyers are dedicated to guiding you with clarity, empathy, and professionalism. We know that every case is deeply personal, and we take the time to understand your goals before developing a path forward that safeguards your family’s best interests.
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Emma Alves
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Sabrina Wang
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Rachel Zuliniak
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Why Choose Alves Law
We take the time to understand your story, listen to your goals, and develop a legal strategy tailored to your situation. Whether you’re seeking a fair settlement, clarity on parenting arrangements, or protection of your assets, we’re here to guide you with empathy and professionalism every step of the way.
With Alves Law by your side, you can trust that your rights will be protected, your voice will be heard, and your case will be handled with care.
Types of Divorce
When contemplating divorce, it’s important to seek advice from an experienced Oakville divorce lawyer to understand the implications it can have on you, your children, and your finances. Many couples prefer a swift divorce that keeps expenses low and that reduces the likelihood of a significant dispute between former spouses. This isn’t always possible, however, as disagreements inevitably do present.
To help you understand how divorces work in Ontario, we’ve compiled basic information below.
Divorces here are commonly classified into two primary categories: ‘Contested’ and ‘Uncontested’.
Contested Divorce: In the case of a contested divorce, spouses find themselves at odds, unable to agree on various divorce-related aspects. These matters can range from child support and property division to child visitation schedules, and more. When divorce becomes contested, couples often rely on their divorce lawyers to present their cases before a judge in a courtroom. The final legal decision is then made by the judge, taking into account the information presented.
Uncontested Divorce: In an uncontested divorce, matters are generally straightforward and less complex for all parties involved. In this situation, both parties have come to a complete agreement on the division of assets, child or spousal support, and the establishment of a child visitation schedule. This cooperative approach often results in a less stressful and more amicable separation process.
Grounds For Divorce
There is an eligibility criteria that must be met prior to filing for a divorce in Ontario.
- The couple must be legally married.
- There must be no possibility of reconciliation.
- The original marriage certificate must be filed.
- You or your spouse must be a resident of Ontario for at least one year prior to filing for divorce.
In addition, there are also only three acceptable grounds for divorce – a one-year separation, adultery, or cruelty.
One-Year Separation: Before a divorce is typically granted by the courts, the most common prerequisite is that the married couple must have undergone a full year of separation, with no possibility of reconciliation.
In some cases, the spouses may continue residing together under the same roof during the separation year, often due to financial or other constraints.
Adultery: Cases like this one are relatively rare due to the difficulty of proving the adultery. The person who committed it rarely admits it in a way that can be used as evidence, and the other person faces an uphill battle proving it.
Cruelty: If a person wishes to use cruelty, the third and final ground for divorce, to obtain a divorce, the person making that claim has to prove it.
Divorce Process: What To Expect
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Step 1: File A Divorce Application
The divorce process starts by filing a divorce application, known as Form 8A. This must be completed and submitted to the Court in the local region where you reside. Your divorce lawyer at Alves Law will assist with ensuring this is done correctly.
Step 2: Serve The Other Spouse
After the court reviews the application and, assuming all details are accurate and complete, the Divorce Application is then stamped. It is then your responsibility to serve it on the other spouse.
Step 3: Collect Relevant Documents
A Divorce Application requires several documents to proceed. A copy of your marriage certificate is required. If you do not have access to the original certification, you can obtain a copy for a fee from Service Ontario if the marriage occurred in the province of Ontario.
There may be additional documents required, including those certifying financial information is accurate and a parenting plan if children are involved.
Step 4: Define Child Support
If children are involved, parenting time – formerly known as child custody – must be decided.
Parenting time is calculated by federal guidelines, taking into account the income of the paying parent, how many children had between the spouses, and preferred arrangements. In shared custody, both parents‘ incomes are used to determine payments. A separation agreement can outline these details, agreed on by both spouses to ensure the children’s needs are met.
Step 5: Define Spousal Support
Courts in Ontario follow the Family Law Act to predetermine spousal support terms, subject to court approval.
How spousal support is calculated is based on the length of the marriage, each spouse’s income, and roles taken during the marriage. Based on need, spousal support can be either temporary or permanent and subject to review.
Step 6: Define Division Of Property
The Equalization of Net Family Property principle is used in Ontario to determine the division of property. This principle means each spouse is entitled to half the value of all items acquired during marriage, including real estate, cars, and savings. Exclusions in certain circumstances include gifts or inheritances given during the marriage.
If there are disagreements, this is when the matter goes to court and where a divorce lawyer is a major asset.
Step 7: Parenting And Decision-Making
The court will not grant a divorce if there is not an agreed-upon arrangement for parenting and decision-making.
You and your spouse must define where a child lives and who will make the decisions for your child. A divorce lawyer with experience navigating complex cases involving parenting arrangements is a must when/if a dispute arises between spouses.
Step 8: Obtain The Divorce Order
The process of finalizing a divorce starts with obtaining a Divorce Order.
This requires both parties to provide all necessary documents to be reviewed by a judge. The Divorce Order contains all details of the divorce. After 31 days, the Order is finalized. Until then, each party has the chance to legally contest the decision.
Step 9: Receive The Divorce Certificate
After the Divorce Order is finalized, the Divorce Certificate is granted. This is legal proof that the marriage has ended. To request the Divorce Certificate or copies, contact the court where the divorce was granted.
Your Divorce Certificate is required in future legal matters, such as changing your name, transferring property, and/or remarrying.
Looking to take the first step?
Frequently Asked Questions About Divorce
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How long does a divorce in Ontario take?
The length of time for a divorce, from start to finish, depends on the complexity of the case and any disputes involved. An uncontested divorce where both parties agree to proceed under an agreement they have authored can take 4-6 months to finalize. A contested divorce, however, can take much longer, with the average being between 6 months up to 3 years or more. It is in the best interest of all parties to ensure the divorce process is no longer than is required.
Do I have to pay spousal support or is it possible a request for spousal support be denied?
Spousal support may be denied by the courts if both spouses have similar incomes and financial resources. Other factors that may influence spousal support not being granted are if the marriage or common-law relationship was short, if there was a prenuptial agreement that outlines terms for financial support or that eliminates the need for spousal support, or if both parties mutually agree to waive spousal support during separation.
Is inheritance considered marital property in a divorce in Ontario?
An inheritance is considered ‘excluded property’, meaning it is not automatically subject to division between spouses during a divorce. However, an inheritance can lose this protected status in circumstances where it’s mixed with other property. This includes if it was deposited into a joint bank account, used to purchase or improve a marital asset such as your marital home, used to pay off shared debts, or if the inheritance was a home that then became the family residence.
If I leave my matrimonial home, will this impact my ownership rights during divorce?
You will need to speak to a lawyer about your specific situation but in Ontario, possessory rights (being in) the matrimonial home are not tied to ownership of the matrimonial home.
Neither spouse can be forced to leave without a court order.
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Cost Of A Divorce In Ontario
How much a divorce costs in Ontario is a difficult question to answer as there are many complex factors.
A simple uncontested divorce in Ontario may cost $1,200-$1,500, however, divorces that require court intervention or that require complicated document preparation may increase total fees to $50,000. Furthermore, should a divorce go to trial, costs can escalate even further.
The cost for filing a divorce application in Ontario is $669. That said, some individuals may qualify for a fee waiver, exempting them from paying court fees due to financial hardship. This can alleviate the burden on some applicants who may be experiencing financial burden.
Legal fees for a divorce are the most significant expense. The more the two parties disagree, the more work that‘s involved on behalf of an experienced lawyer to arrive at the best possible result for you. Hiring strong legal representation is essential in a divorce where details are being contested.
Why Hire An Oakville Divorce Lawyer?
A skilled divorce lawyer is going to be able to assist you with several aspects of your divorce. Regardless of whether the divorce is amicable and uncontested or argumentative and contested, our legal team offers the support and guidance our clients need to achieve the best outcome available to them. Here are some of the areas wherein an Oakville divorce lawyer at our firm can help.
- Ensure all divorce documents are completed, accurate, and legally binding.
- If there are children involved, ensure there are fair parental decision-making arrangements established that reflect your child’s needs and clear guidelines for co-parenting going forward.
- Receive accurate spousal support assessments and amounts based on current legal guidelines.
- Receive support in dividing all marital property, including hidden assets. Ensure assets are valued accurately.
- If your divorce involves complex business and investment assets, we will ensure those financial assets are protected.
- Potentially resolve your divorce without going to court through mediation. With a lawyer, negotiate productively to reach a mutually beneficial agreement.
- If you are experiencing abuse or harassment, we will act quickly to protect your safety by obtaining protective orders.
Oakville Family Lawyers You Can Trust
As a trusted family law firm, we recognize the inherent challenges of divorce and separation agreements. For this kind of family law matter, it’s important to have dependable legal assistance from Oakville divorce lawyers to help you make well-informed decisions.
Every case is unique, and we are prepared to provide tailored solutions.
With Alves Law, you can be sure your lawyer is committed to pursuing outcomes that serve your best interests. Your rights are of utmost importance to us, and we are dedicated to safeguarding them throughout the process.
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Alves Law – The Divorce Lawyer You Can Rely On
Alves Law acknowledges the complexities associated with divorce and separation agreements. We understand that each divorce case is unique, demanding individualized solutions. Our family law experts, armed with experience and expertise, are committed to securing outcomes that prioritize your best interests. When you connect with a family law lawyer at Alves Law you can rest assured that your rights are in capable hands. Reach out to us today and tell us your side of the story.
Resolve Child-Related Disputes With Co-Parenting Arrangements That Work
There is little that will take more of an emotional toll in a family law dispute than trying to ascertain a co-parenting arrangement in relation to a separation or divorce.
We are committed at Alves Law to helping families create detailed, effective parenting plans that promote, and reinforce, stability and cooperation.
When we sit down with a client, as your lawyer, we want to take the time to understand your family dynamics and ensure the best interests of the children are served with the outcome of any dispute. In this, we work hard to minimize conflict and ensure your children continue to thrive despite changes in family circumstances.
What a co-parenting plan may look like could touch upon the following areas:
- Detailed custody and parenting time schedules.
- Decision-making responsibilities assigned to which party.
- Provisions for holidays, vacations, and special events.
- Legal documents detailing how parents will share expenses relating to the child.
- Details on how parents are to communicate with each other.
- Outlines on further dispute resolutions should future conflicts require additional mediation or decision-making.
Property Division: Protecting Your Financial Interests In A High-Conflict Divorce
Another contentious aspect of a divorce or separation is the division of property. Fair, equitable distribution of assets and debts is the objective when you connect with one of our family lawyers at Alves Law.
In our experience, we have handled many high-conflict divorces and complex property division cases. In many cases, our family lawyers helped clients navigate separating family homes, real estate investments, business interests and professional practices, pensions, savings, and investment accounts.
Under any of these categories and others, if there was anything that you or your spouse owned separately or together, it may be an asset up for dispute. This is regardless of how the asset or property was used, what contribution was made to the property on behalf of each part, and other factors.
Ensure that your legal rights are upheld and that you receive the best result with an experienced family lawyer at your side.
Receive Guidance On Cohabitation Agreements For Unmarried Partners
More couples are choosing to live together unmarried. Cohabitation agreements can be an essential tool to help provide clarity to certain aspects of living together, such as financial responsibilities and property rights. It’s also a way to protect both parties and set the expectation for what would occur should there be a separation.
In this area of family law, there likely may not even be a dispute. Where Alves Law can help is in advising you of certain areas of law and assisting with drafting a legally binding comprehensive cohabitation agreement. It is similar in design to marriage contracts used by couples planning to marry except a cohabitation agreement applies to unmarried couples for as long as they are cohabiting.
Some of the common areas and arrangements included in a cohabitation agreement are:
- A clear definition of property ownership and how this asset would be divided in a separation.
- Financial contributions to household expenses and property maintenance.
- Personal, acquired, and shared debts.
- Rights and obligations concerned shared assets.
- Details regarding child support and education, including dependent children from a previous relationship.
The Oakville family lawyer you choose will play a key role in drafting a cohabitation agreement.
Frequently Asked Questions Our Family Lawyers Hear:
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What is considered when deciding a child parenting arrangement for my children?
The legal question for determining a parenting arrangement is “ what is in the best interests of the child, or children?”. If there is a serious dispute between you and your spouse regarding the care, parenting time, responsibilities, guardianship, and access and contact for your children, here are some of the criteria the Courts consider in determining arrangements for your children:
- The child’s health and emotional well-being.
- The history of the child’s care.
- The ability of the parent or others requesting guardianship to offer parenting time and care for the child.
- The child’s views and preferences, unless it is inappropriate to consider them.
- The relationships maintained between the child and other important people in their life, such as friends and family members.
- The need for stability in the home at the child’s present age and stage of development.
- The effect of family violence and other conflicts on the child’s safety, security, and well-being.
Do I need a lawyer for a cohabitation agreement or separation agreement?
For a cohabitation agreement, separation agreement, or prenuptial marriage agreement, you are not required by law to retain a lawyer. That said, hiring a lawyer with expertise in family law lays the groundwork for a successful future and a positive outcome on your behalf. With regards to any family law matter, a lawyer can help you explore your options, weigh the benefits and limitations of different legal approaches, consider unexplored possibilities, and set you up to ensure you’re meeting every requirement of the law as it relates to deadlines and document submission.
How much does a family lawyer cost?
The cost of a family lawyer depends on the complexity of your case. It may be charged hourly, as a flat rate, or on a monthly or weekly payment plan depending on the circumstances. When you connect with Alves Law and we understand what is required for your family law matter, we can advise on the precise cost of services. This is something we can discuss in our initial consultation where we can provide additional information relating to what your rights are, best and worst case outcomes for your family matter, how much time you can expect your family law matter to take, and more.
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Family Law Consultation in Oakville
Every family situation is unique, and so is our approach. Whether you’re dealing with parenting arrangements, separation agreements, or complex family disputes, Alves Law provides compassionate, solution-focused legal support.
Put your family’s future first.
Additional Resources
Alternative Dispute Resolution
Looking for a faster, more cost-effective alternative to court? Discover how Alves Law helps resolve legal disputes through negotiation, mediation, arbitration, and collaborative family law.
Divorce Trials & Court Battles
Divorce trials in Ontario are a last resort when couples cannot agree on key issues. Learn about the trial process, evidence requirements, and courtroom procedures.
Family Responsibility Office
Learn how Alves Law helps payors and recipients navigate Ontario’s Family Responsibility Office with confidence and clarity.
The Divorce Process
Divorce in Ontario is governed by the Divorce Act and Family Law Act, setting out the rules for marriage dissolution, support, and custody. To begin the process, at least one spouse must have lived in Ontario for at least 12 months, and both must be legally married.
Common Law vs. Marriage
Understand the major differences between common law relationships and marriage in Ontario.
The Cost Of Divorce
Divorce costs in Ontario vary widely. A simple uncontested divorce starts around $1,200, while contested cases can exceed $35,000 if disputes require court involvement. Legal representation can be costly upfront but often saves money in the long run.
What Our Clients Are Saying
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Emma represented my son, and we are very happy we chose her. She took her time to make sure we were informed of all factors surrounding the case as well as stay in contact through the process to have the best possible outcome. Very professional, knowledgeable and personable, she will be top in my list for any future legal needs.
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Emma's advice, poise, and direction have always been highly valued. I can’t explain how much I have appreciated Emma and what she does. It’s truly been a pleasure to have worked with Emma and more importantly represented by her. I really felt the partnership and that means more to me than you’ll know.
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