Divorce (note insert simple uncontested divorce versus contested process, what happens when one doesn’t agree to divorce signing?)

North York Divorce Lawyers:

Divorce is the legal termination of a marriage by court order. It is often the final step in the separation process and usually occurs once the couple has agreed on various issues that they must resolve or, alternatively, the court has made an order regarding the various unresolved issues. Once the terms of the separation are finalized, either through a separation agreement or a court order, the parties can apply for a divorce order that officially terminates the marriage and the spousal status.

At Juzkiw Law in North York, our team provides a simple and stress-free environment for obtaining a divorce. This is regardless of the complexity or contentious circumstances which may present themselves. We are well-versed in building client confidence through clarity, the minimization of conflict, and maintaining productive family relationships whenever possible.

Divorce in Ontario

To obtain a divorce order in Ontario, three general requirements are required:

1. The couple must be living “separate and apart” for at least one year. In certain circumstances which involved adultery or cruelty, the mandatory separation period may be waived.
2. The couple must establish the terms of their divorce relating to parenting time & decision-making ability, child and spousal support, and property division. Ideally, these terms will be negotiated and agreed upon via a separation agreement. However, getting to an agreement may require a formal dispute resolution process such as mediation or the collaborative family process. When agreement is not possible, the issues may have to be arbitrated or litigated. If the terms are litigated, the final order will be determined by the presiding Family Law Arbitrator or judge, rather than the couple themselves.
3. The couple must apply to a court for a divorce order. Once granted, the court will legally end the marriage.

Adultery as Grounds for Divorce

In cases involving adultery it is possible to skip the mandatory separation period and file an application for divorce. This option is available to the spouse who was the victim of adultery. A person who commits adultery cannot use this as justification to skip the separation period. The party bringing the application must be able to satisfy the court that their spouse committed adultery, which may be a difficult task. If, however, the Applicant is successful, a court can grant an immediate divorce.

Cruelty as a Grounds for Divorce

Conditions must be satisfied in order for a court to grant an immediate divorce. Cruelty, will not generally be established following a signal incident, unless the incident was extreme in nature. In addition, the cruel behavior must be considered ‘grave and weighty’, making continued cohabitation impossible. In general, the behavior must have resulted in severe trauma to the victim’s spouse’s mental or physical health. Generally, an order on this ground is a rare option granted by the court.

Skilled Divorce Lawyers in North York

At Juzkiw Law, our team is committed to making the divorce process as simple and stress-free for every client. We know that the prospect of going through a divorce can be quite daunting for most people, which is the reason why our team makes a concerted effort to make this process easier for our clients, with clarity right from the start. From our office in North York, we assist clients from across the Greater Toronto Area, extending out to Mississauga, Brampton, Caledon, Whitchucrch- Stouffville, Woodbridge, Maple, Kleinburg, Caledon, Concord, Vaughan, Bolton, Nobeton, Markham, and Etobicoke and all areas in between with divorce matters. Even in the most complex cases, we provide a comprehensive skill set of a Bay Street firm, with a boutique firm focus in North York. Often times larger firms with a number of lawyers relies solely on billing and neglect to give your matter the individualized attention required for a successful outcome. To discuss your circumstances and learn about the options available to you, please reach out to us online or by phone at 416 290 5055.

Common Law Relationships

North York Common Law Separation Lawyers:

In Ontario, a couple is deemed to be in a legal common law relationship once they have lived together in a conjugal relationship for three years. If they have a child together, either through birth or adoption, they will legally become common law after a relationship of some permanence. A common law relationship status creates a number of legal rights and obligations with respect to taxes, immigration, benefits, inheritance and separation entitlements. Common law partnerships are often viewed as a quasi-marriage, or marriage without the wedding because of some shared similarities. It must be noted however, that there are several significant differences between the two.

At Juzkiw Law in North York, our team has been working with common law couples since our inception, advising and representing them with respect to cohabitation agreements, separation issues, and parenting matters. We empower our common law clients by providing them with the information they require to appreciate their rights in a separation and advocate on their behalf utilizing a variety of dispute resolution mechanisms which include but are not limited to mediation, litigation, and collaborative family law. If the intent is to enforce property or support rights or ensure you don’t pay more than your obligation under the law, we will secure the most favorable outcome given your circumstances. Results that Matter.