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Ontario Divorce Lawyer
In Ontario, couples generally need to be separated for one year before they can file for divorce, unless one party is filing on the grounds of adultery or domestic violence. Even if both parties have decided to end their marriage, they must first address various issues during the separation period before they can proceed with the formal divorce process. This is why many people choose to work with professional divorce lawyers to ensure a successful divorce while protecting their legal rights and interests.
What is a Separation Agreement?
A separation agreement is a legally binding contract between spouses that outlines their rights and responsibilities while living apart but not ending the marriage. It is highly recommended to have a professional divorce lawyer draft this agreement.
What Does a Separation Agreement Include?
- Child Support: Payments made by one parent to support their minor children.
- Spousal Support: Payments made by one spouse to support the other.
- Division of Property: Allocation of shared marital assets.
- Matrimonial Home: Decisions regarding the family home.
- Child Custody: Determination of who will have custody of the children and how major decisions about the children will be made.
- Visitation Schedule: A detailed timetable specifying when the children will be with each parent.
Living Together While Separated
The Divorce Act allows for short periods of cohabitation during the separation period to encourage reconciliation, but this must not exceed 90 days. If reconciliation fails, the separation period can restart without affecting the divorce application.
Factors the Court Considers to Determine True Separation:
- Sharing a bedroom
- Having a sexual relationship
- Preparing and eating meals together
- Participating in social activities as a couple
- Sharing household chores
- Continuing to communicate and adapt to each other’s schedules
Benefits of Divorce
- Ending the Marriage: Officially terminates the marital relationship, allowing both parties to remarry legally.
- Clear Property Division: Ensures a clear and legal division of marital assets.
- Defined Support Obligations: Legal guarantees for spousal and child support.
- Emotional Release: Helps many individuals emotionally move on and start a new chapter in their lives.
Benefits of Separation
- Flexible Timing: Allows time to reflect and address the relationship without immediate legal proceedings.
- Maintaining Marital Status: Does not legally end the marriage.
- Temporary Financial Security: Allows sharing of financial benefits, such as health insurance, during the separation.
Advantages of Living Together While Separated
Living together while separated can help avoid negative consequences like losing possession of the marital home or custody advantages if one party moves out. Staying in the same residence can maintain these rights in court.
Why Choose JZW Law Firm?
- Experienced Professional Team: Our Greater Toronto Area lawyers have nearly 20 years of combined experience practicing law in both China and Canada, ensuring high-quality legal services and advice.
- Personalized Service: We understand that every family is unique, so we tailor our services to meet your specific needs, whether it’s for marriage, divorce, or prenuptial agreements.
- Compassion and Professionalism: We combine empathy with professional service to ensure you receive patient and understanding support throughout the legal process.
Contact JZW Law Firm to schedule your consultation at 647-363-5995 or via email at [email protected]. Thank you for reading. The information provided here does not constitute legal advice.