Practical & Cost-Effective Divorce Lawyers in Toronto



Unlike a separation, divorce is the formal end to a marriage, legally changing a married person’s status from married to single. This change can only be made by a court. While it is not necessary to obtain a divorce following the breakdown of a marriage, until you obtain a divorce, you remain married in the eyes of the law, even if you are separated and living apart.

Although many spouses seeking a divorce have already been separated, divorce can still be a stressful and overwhelming process. The experienced divorce lawyers at Arbesman Hamilton LLP can help you navigate this emotional situation. We understand that clients want to resolve their issues in a timely and cost-effective manner and move forward. We have established a reputation for our focused, client-driven approach and for providing our clients with honest and pragmatic advice while keeping their best interests in mind.

The Path to Divorce

Divorce only applies to couples who are married, and not those in a common-law relationship. Divorce in Canada is governed by the Divorce Act, which stipulates that a “breakdown in marriage” is required to obtain a divorce.

A breakdown in marriage can be established in one of three ways:

  1. the couple has lived “separate and apart” for at least one year immediately leading to the divorce;
  2. a spouse has committed adultery; or
  3. a spouse has subjected the other spouse to physical or mental cruelty.

If parties are obtaining a divorce, chances are they already have a separation agreement that addresses details such as spousal support, division of property, child support, and custody and access. However, this is not always the case, and divorces can get messy and complicated.

Uncontested Divorces

If you and your spouse have been separated for more than one year, and have resolved or have agreed upon property, spousal support, child support, and custody/access issues (through a separation agreement or otherwise) you can obtain an uncontested divorce.

A divorce is deemed uncontested where one spouse has been served with an Application for Divorce and the other spouse decides not to respond. The court can process uncontested divorces without requiring the spouses to appear in court (though sometimes they may have to). A Divorce Certificate can be issued at the end of the process, and will be required if either party wishes to re-marry.

Contested Divorces

In contrast to an uncontested divorce, a contested divorce is one in which the spouses disagree on some or all of the details peripheral to the divorce (i.e. property division, spousal support, child support, and custody/access issues). Contested divorces take longer to resolve than uncontested divorces, and can quickly become expensive, depending on the number of outstanding issues and how willing the parties are to negotiate and settle.

Where there is disagreement on some or all of the issues, both spouses enter into a “case management” process to discuss the outstanding issues in an attempt to streamline the proceedings.

Where no settlement is reached during the case management process, the divorce proceeds to a trial, where a judge will make a final order on any remaining issues in dispute. A divorce is subsequently granted and the process is complete.

Contact our Toronto Family Lawyers for Direction and Support during Your Divorce

The end of a marriage is always difficult and emotional. The experienced and compassionate divorce lawyers at Arbesman Hamilton LLP can make the process easier by providing outstanding legal guidance and ensuring your interests and rights are protected so that you can focus on moving on with your life. Contact us online or at 416-481-5604 to book a consultation.

Blog

Sep 13

Going through a separation or divorce is not only emotionally stressful, but it also brings with it a list of things to address before a divorce is made final In most... Read More

Sep 6

In 2018 we wrote about a decision in which a judge found that a couple who had written both primary and secondary will’s did not have valid copies of the former due... Read More

Aug 29

Following a separation there are many steps a couple may take on the road to divorce One of the steps in the process can be the creation of a separation agreement,... Read More

Aug 23

Finding someone to appoint as an executor or trustee in your estate can be challenging An executor or trustee has many significant legal issues to address in order to... Read More

Aug 16

When we discuss issues around child custody and access, it is usually in the context or parents disagreeing over those matters in the context of a separation or divorce... Read More

Insert – Contact

Contact