Divorce
Divorce Lawyer – Oakville, Ontario
A divorce can be a complicated process that’s hard to face alone. If you’re in search of an experienced and dependable Oakville divorce lawyer to navigate you through this challenging phase, reach out to Alves Law.
Legal Services For Divorce In Oakville
The process of divorce is often a difficult period for both individuals involved, given the myriad of potential issues that can surface. It’s entirely normal to have questions about divorce in Ontario and to have feelings of uncertainty during this time. That’s why having an experienced Oakville divorce lawyer in your corner to guide you can be so helpful.
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Emma Alves
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Sabrina Wang
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Rachel Zuliniak
Lawyer
Why Choose Alves Law As Your Divorce Law Firm In Oakville
Who you hire to represent you in your divorce is a critical decision. Why our legal team in Oakville is trusted by so many is because of our proven experience. Over the past decade, we have worked on behalf of countless clients, including those involved in complex, high-conflict cases.
The divorce law firm of Alves Law offers our clients comprehensive legal knowledge with expertise covering all aspects of family law, from settling a divorce for as little expense as possible to represent client interests in the face of disputes and negotiations tied to decision-making responsibility (formerly child custody), child support, spousal support, and property division.
Receive personalized attention and guidance to assist you through a legal process that can be incredibly difficult to navigate and emotionally challenging. When you hire Alves Law for your divorce, our unwavering commitment to protecting your interests will ensure we achieve the best possible result.
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?
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.
Frequently Asked Questions
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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.
Have More Questions?
General Divorce Resources
Financial Disclosure
In Ontario divorces, full financial disclosure is essential to protect your rights and ensure fair asset division. Without complete and accurate disclosure, you risk an unfair settlement or lengthy legal disputes, which can delay your case and increase costs.
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.
Divorce Certificates
A divorce certificate is official proof that your marriage has legally ended, available 31 days after a divorce order is granted. You can request it online, in person, or by mail from the court where your divorce was processed.
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.
Divorce Forms
Divorce in Ontario requires specific forms based on the type of divorce. These forms streamline the process for simple, uncontested, or contested divorces. Each form is essential to ensure accurate documentation and prevent delays.
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.
Contested Divorce Resources
Contested Divorce
A contested divorce arises when spouses cannot agree on key issues, like child custody, spousal support, or property division. This process often involves court proceedings in the Superior Court, where a judge makes the final decisions. Having a skilled lawyer can significantly aid in navigating forms, negotiations, and court appearances.
Contested Divorce Timelines
A contested divorce in Ontario can take 6 months to over 3 years, with factors like case complexity, court schedules, and cooperation between spouses affecting the timeline.
Contested Divorce Process
A contested divorce in Ontario involves court hearings, motions, and potentially a trial to resolve disputes over assets, parenting, and support. Learn about the process and alternatives like mediation.
Is It Worth Contesting My Divorce?
Contesting a divorce can be costly and time-consuming but may be necessary for disputes over assets, support, or parenting. Learn when it’s worth it and what to expect.
Contested Divorce Costs
Contested divorces can be expensive, with legal fees, court costs, and expert consultations adding up quickly. Learn about potential costs and financial considerations.
Uncontested (Simple) Divorce Resources
Uncontested Divorce
An uncontested divorce is when both parties agree on all aspects of their separation, including support, property division, and child-related decisions. This approach is typically simpler and faster, often eliminating the need for court appearances.
Uncontested Divorce Timeline
An uncontested divorce in Ontario typically takes 6-14 months, including the mandatory one-year separation. Learn about the timeline, filing process, and required steps.
Uncontested Divorce Costs
An uncontested divorce in Ontario is a straightforward process with minimal court involvement. Learn about filing requirements, legal steps, and how to streamline 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.
What Our Clients Are Saying
"...professional, knowledgeable and personable..."
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.
- L. S.
"...patient, smart, strategic, professional, and effective..."
Not all lawyers are sharks, some are eagles.
Emma Alves is an eagle; strong, patient, smart, strategic, professional, and effective.
- J.S.
"...truly been a pleasure..."
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.
- M. R.
"...made a tough situation easy to handle..."
Thank you so much for everything! I really appreciate all your support! You made a tough situation easy to handle. Thank you for everything!
- R. L.
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