Best Divorce & Separation Lawyers in Aurora

About Divorce & Separation Law in Aurora, Canada

Divorce and separation law in Aurora, Ontario, is governed by federal legislation and provincial regulations. When couples decide to part ways, they may choose between legal separation (sometimes called "separation agreement") and divorce. While separation allows couples to live apart and formalize arrangements like child custody and support without ending the marriage, divorce is the legal process that formally terminates the marital union. The process is designed to address concerns such as property division, spousal support, parenting arrangements, and child support. Knowing your rights and obligations can help reduce stress and ensure fair outcomes during this challenging time.

Why You May Need a Lawyer

Legal advice is not mandatory but can be invaluable in the following situations:

• Drafting or Reviewing Agreements: To ensure any separation or divorce agreement is legally binding and protect your interests.
• Disputes Over Children: If you and your partner disagree about child custody, access, or support.
• Division of Property and Assets: When dividing property, debt, or complex assets like family businesses or pensions.
• Protecting Yourself from Harm: In cases of domestic violence or abuse, to obtain restraining orders or emergency protection.
• Uncertain Legal Rights: If you are unclear about your entitlements, obligations, or options under Canadian and Ontario law.
• Contested Divorces: When there are disagreements about any aspect of the divorce process.

A lawyer can provide clarity, negotiate on your behalf, and ensure your interests are represented throughout the legal proceedings.

Local Laws Overview

Divorce in Aurora falls under the federal Divorce Act and the Ontario Family Law Act. Key aspects include:

• Residency Requirements: At least one spouse must have lived in Ontario for a minimum of one year before applying for divorce.
• Grounds for Divorce: The primary ground is breakdown of the marriage, established through a one-year separation, adultery, or cruelty.
• Separation Agreements: Couples may formalize arrangements regarding parenting, finances, and property division, even without court involvement.
• Child Custody and Access: Decisions are based on the best interests of the child, considering factors like stability and parental capacity.
• Child and Spousal Support: Guidelines exist to determine appropriate payments, with child support based on federal tables and spousal support considering factors like length of marriage and roles during the relationship.
• Division of Property: In Ontario, property acquired during marriage is typically divided equally, with certain exceptions for gifts, inheritances, or pre-marital assets.
• Alternative Dispute Resolution: Mediation and collaborative law are encouraged to resolve disputes outside of court wherever possible.

Frequently Asked Questions

What is the difference between separation and divorce?

Separation means living apart while still legally married, often formalized in a written agreement. Divorce is the legal process that ends the marriage altogether.

How long do I need to be separated before I can divorce?

Generally, one year of separation is required unless there are grounds like adultery or cruelty.

Do both spouses have to agree to get a divorce?

No, only one spouse needs to apply for divorce. However, issues like support, custody, and property must be resolved for the divorce to be finalized.

How is property divided after separation or divorce?

Under Ontario law, most property acquired during marriage is divided equally, but some assets like pre-marital property, gifts, and inheritances may be excluded.

Who gets custody of the children?

Custody is decided based on the best interests of the child, and arrangements can be joint, shared, or sole custody depending on circumstances.

How is child support calculated?

Child support is determined using federal guidelines based on the paying parent’s income and number of children.

Can we handle our divorce without going to court?

Yes, many couples resolve their issues through separation agreements or mediation, without court intervention, unless a judge’s order is needed.

What should I do if my spouse is abusive?

Your safety is paramount. Seek immediate help from police, shelters, or crisis centres, and consult a lawyer about protective orders and legal options.

Is spousal support automatic after separation or divorce?

No, it depends on several factors including the length of marriage, roles during the relationship, and financial need or ability. Courts or agreements determine if it is payable and how much.

Can I change a parenting or support arrangement later?

Yes, if there is a significant change in circumstances, you can request a modification of court orders or agreements regarding support or parenting.

Additional Resources

• Ontario Ministry of the Attorney General: Offers information and services on family law, including guides and forms for divorce and separation.
• Legal Aid Ontario: Provides legal assistance to eligible residents, including help with family law matters.
• Family Law Information Centres (FLIC): Located in courthouses, these centres provide information and referrals for family law issues.
• York Region Family Services: Offers counseling and support resources for families undergoing separation or divorce.
• Community Legal Clinics: Provide free legal advice to eligible individuals on family law matters in the Aurora area.
• Law Society of Ontario: Helps find qualified family law lawyers or paralegals.

Next Steps

If you find yourself facing divorce or separation in Aurora, the following steps can help:

• Consider Your Situation: Reflect on your priorities regarding children, finances, and property.
• Seek Information: Use the resources above to educate yourself about your rights and options.
• Consult a Lawyer: Schedule a meeting with a family law lawyer or legal clinic to discuss your unique circumstances.
• Document Everything: Gather relevant information such as financial documents, marriage certificates, and details about children’s needs.
• Explore Alternative Dispute Resolution: Consider mediation or collaborative family law to settle matters amicably and efficiently.
• Prioritize Safety and Well-being: Ensure that you and your children are safe and supported throughout the process.
• Begin the Legal Process: If necessary, start formal proceedings by consulting your lawyer and filing the required legal documents.

Remember, you do not have to navigate this process alone—there are professionals, organizations, and resources that can support and guide you every step of the way.