Frequently Asked Questions

Divorce

What is divorce?
Divorce is only considered necessary where one party intends to remarry. Divorce gives a married party the right to marry someone else. It is otherwise not necessary if neither party has any intention to remarry.
How to file for divorce in Ontario?
Filing for divorce will depend on a number of things. If there are no children, support obligations, or property division problems, then both parties can obtain a simple divorce. Where children and issues related to support and property are involved, the court will get involved to ensure that all arrangements are carried out fairly and legally. Divorce must be obtained through a court in any event.
What are my legal rights during a divorce?
Divorce will give a married party the legal right to remarry someone else. Where children and issues related to property and support are not involved, there is no reason to contest anything, and thus, a simple divorce is carried out. The court will grant the divorce, and neither party has to appear in court for anything more than paperwork. In cases of dispute, the court will get involved to make sure that adequate support and property mechanisms are in place before the divorce is granted, though there may be exceptions, depending on the individual cases. Lawyers are not required by law for any kind of divorce though they help move the process forward in an expert and efficient manner.
What is the cost of a divorce?
The cost of a divorce depends greatly on the complexity of the procedure and the animosity of the parties. Simple divorces without disputes have a low cost and are completed efficiently. More complex divorce processes will be costlier.
How long does a divorce take?
In Ontario, divorce is typically not granted until at least 1 year after separation. This is to encourage reunification between the two parties, with exceptions in cases of adultery and abuse.
How does the division of assets work in Canada?
In Canada, the division of assets in cases of divorce will depend on the province the parties live in. In Ontario, assets are usually split 50-50, though exceptions can be made depending on the case. Sometimes, assets may be split unevenly. Additionally, not all property is included in the division of assets.

Separation

What is a separation agreement?
Separation agreements are contracts that are signed between two married or common-law parties that will address issues regarding children, property, support, and any other legal issues that are relevant to the parties as a result of the culmination of their relationship. This contract is an alternative to going to court and has the same status as a court order.
How to file for separation in Ontario?
It is neither possible nor necessary to file for separation in Ontario. To get the status of being ‘separated,’ the two parties need to cease living together in a married relationship and not resume cohabitation for a period of 90 days. This is, however, dependent on the parties’ intentions and not their physical location, so there may be cases where separated parties continue living together.
What if one party refuses to sign a separation agreement?
A separation agreement is a contract, and therefore both parties must enter the agreement voluntarily. Neither party can be forced, compelled, or coerced to enter the agreement. If one party does not sign, further negotiation or going to court may become necessary.

Spousal Support

How long can one get spousal support?
The length of time will depend on various factors, such as the length of the relationship, the needs, means, and circumstances of the parties at the time the relationship culminated.

Do you pay taxes on spousal support?
The payor does not pay income tax, whereas the recipient pays income tax if payments are made on a monthly basis. If spousal support is paid on a lump sum basis, the recipient does not have to pay income tax.

What are Ontario’s spousal support guidelines?
The spousal support advisory is a federal regulation that offers guidance on how Canadians should deal with spousal support. It is a grey area in comparison to child support. In addition to the guidelines provided, the jurisprudence on spousal support requires that the recipient establishes entitlement to receipt. Once the eligibility is established, the guidelines help understand how much is owed and how long it must be paid.

Child Support and Custody

What are Ontario’s child support guidelines?
Child support guidelines are federal regulations that state how Canadians should deal with child support. The guidelines will help identify the amount of child support in proportion to the payor’s income as well as the number of children. One major issue that comes up is determining income. Income fluctuates and gets minimized; sometimes, the payor ends up losing their employment. At Korhani Law, we have the experience and tools needed to handle these issues for both payors and recipients. If you need legal help with regard to family issues, you can contact us today.
How to get custody of a child?
Custody refers to the legal authority a person has to make decisions for a minor child, which ranges from day-to-day decisions as well as major ones, such as religious instruction, health, and education.

To obtain a court order, the applicant will have to file an application to start a court case and then, through conferences and possibly also a trial, must establish to the court why it is in the best interest of the child for them to have custody.
Do I need a lawyer for child support modification?
No, a lawyer is not needed to bring about change for child support. However, the procedural and substantive law set in place to defend or prevail such claims is complicated and difficult for most people, so you may need a lawyer to guide you through it. Contact Korhani Law today.

Korhani Law Can Help

Our goal is to approach each situation with an open mind and compassion, to ensure your needs are met and the best interests of your children are protected. We want to minimize long-term conflict and family disruption so the entire family can move into the future with peace of mind.

For a skilled, cost-effective family lawyer in Barrie and the surrounding area, book a consultation at (705) 230-2550 ( Barrie office) or (416)218-4254 (Toronto office) or online here.