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Divorce can be difficult for the family, especially when children are involved. If you would like to obtain a divorce with as little conflict as possible, Stanley Family Law has been responsible for helping clients process their divorce on an uncontested basis, and jointly provided that the client's spouse is amenable to the divorce, to help expedite the divorce process. If you let us know which option you prefer, we can assist with explaining the different options available so that you can make an informed decision.
Following a separation or divorce, children will require either one parent (sole custody) or both parents (joint custody) to make decisions with respect to their well-being, including their education, general health, recreational activities, and religion. This is known as parental decision-making authority. Children will also require a time-sharing schedule, otherwise known as a parentig plan or visitation schedule, which outlines the time the chidlren will spend with each parent on a week to week basis.
Children are entitled to child support. It is the responsibility of each parent to ensure that the children are supported financially following a separation and/or divorce. If the children primarily reside with one parent, or with both parents in a shared parenting arrangement, the children remain entitled to child support, and support calculations are required to determine an amount payable on a monthly basis by the payor parent(s) which is generally based on income and the residential arrangements of the children.
Following the separation of both married spouses and common law spouses, spousal support obligations may arise in which case both quantum (monthly amount payable) and duration (length payments must be made by the payor) must be calcualted and resolved. There are numerous factors to be considered when determining the amount of support payable, including the duration of cohabitation, each party's role during the relationship, each party's income, whether child support is payable etc...
Domestic contracts are written agreements entered into between two persons, which include cohabitation agreements, marriage contracts, and separation agreements. Depending on the circumstances, whether you are planning to cohabit with another person, whether you intend to marry, or whether you are in the process of separating from your spouse, it is important to have an iron-clad agreement that addresses all issues relevant to the circumstances to ensure you are legally protected.
The law in Ontario provides that upon the separation of married spouses, spouses are required to equalize their net family property such that the spouses end up with an equal net worth for the period of marriage. The calculation of net family property becomes complicated when assets must be valued, including businesses and/or pensions, and when there are deductions and/or exclusions that factor into the calculation, such as a family gift or an inheritance that one party receives prior to or during the marriage.
The division of property (ie. personal property and household contents) is often disputed between separated spouses when there is no cohabitation agreement and/or marriage contract in place which stipualtes how property is to be divided between the spouses upon the dissolution of their relationship. It is best to speak with legal counsel about the options available to help address this issue because quite often the cost of litigating the issue exceeds the value of the contents in dispute.
It may be necessary to pursue a restraining order and/or non-communication order against the other spouse, including when there are domestic incidents within the family which include when one spouse has been threatened by the other, and when one of the spouses fears for his or her safety, and/or when one of the spouses has been physically assaulted by the other spouse. It may also be necessary to pursue a similar court order when a child has been subject to any form of abuse.
Litigation is necessary when it is not possible to resolve the outstanding legal issues with the other spouse on consent, either through negotiations, settlement discussions, and/or mediation. In this circumstance, court is the only remaining option, and it becomes neessary to request intervention from a judge to determine the remaining legal issues, including parenting issues, such as decision-making and visitation rights, child support, spousal support, and/or property division.
I strongly recommend Mr. Stankiewicz if anyone needs a family law lawyer. I have worked with many lawyers both personally and in my career. Mr. Stankiewicz is highly knowledgeable and I have been very fortunate to have his representation for my family law matter.
The most important matter in my life is my son who was alienated from me at a very young age. Mr. Stankiewicz helped me successfully obtain access, overnight parenting time, a vacation to Disney, and ultimately joint custody – all of which was contested at every stage.
When it comes to family law, I trust Mr. Stankiewicz with the most important person in my life and I cannot thank Mr. Stankiewicz enough for the work he has done for me. Thank you Mr. Stankiewicz, I am eternally grateful for the successful results!