Your Trusted Partner in Family Law: Dedicated Support from DSF
At Devry Smith Frank LLP (DSF), we recognize the hardships that accompany separation and divorce. Our experienced family law team is committed to providing professional, reliable, and compassionate support to help you through this difficult time. As trusted Toronto family lawyers, we offer comprehensive legal services tailored to your unique circumstances, ensuring that your rights are protected and your interests are represented.
Legal Separation
Separation involves more than just living apart from your spouse; it requires addressing various legal, financial, and personal matters. At DSF, we provide advice and representation to ensure all aspects of your separation are handled correctly. Our team assists in crafting clear and equitable separation agreements that define the terms of your separation, including property division, spousal support, and child custody arrangements. We facilitate productive discussions between parties to achieve amicable solutions, minimizing conflict and stress. Whether you need guidance on your rights or representation in court, our team at DSF is here to support you every step of the way.
Filing a Separation Agreement
A critical component of the separation or divorce process is the filing of a separation agreement. At DSF, we can assist you in drafting a comprehensive and legally binding separation agreement that addresses all relevant issues, including property division, spousal support, child custody, and access. Our team ensures that your agreement is clear, fair, and enforceable, reducing the potential for future disputes.
We guide you through every phase of filing the agreement from initial negotiations to final submissions. Our lawyers carefully review all details, ensuring compliance with legal standards and protecting your rights. We also provide representation in court, if necessary, to finalize and enforce the agreement. By choosing DSF, you can be confident that your separation agreement will be handled with the utmost care and precision, allowing you to focus on rebuilding your life.
Expert Divorce Services from DSF
After formalizing a separation, divorce often becomes the next step. We recognize the emotional and legal complexities involved in ending a marriage. Our skilled Toronto divorce lawyers provide thorough and reliable support throughout the entire process. We assist with filing necessary legal documents, represent you in court if needed, and ensure your rights and interests are defended. Our services cover all aspects of divorce, including child custody and support, spousal support, and division of assets. Whether through negotiation, mediation, or litigation, we aim to achieve a fair and equitable resolution, helping you move forward with confidence and security.
Legal Documentation and Process
Separation and divorce require thorough legal documentation and precise procedural steps. At DSF, we guide you through every phase, from initial filings to final decrees, ensuring that all paperwork is completed accurately and submitted promptly. Our team helps you handle financial disclosures, property inventories, and affidavits, simplifying the complex legal landscape. With DSF by your side, you can rely on thorough and precise handling of all legal matters, allowing you to focus on rebuilding your life.
Why Choose DSF for Separation and Divorce?
Choosing the right legal representation is crucial during separation and divorce. At DSF, we offer:
- Specialized Expertise: Our team has extensive experience handling complex separation and divorce cases, ensuring that we provide the highest level of legal service.
- Personalized Strategies: We understand that each case is unique, and we tailor our approach to fit your specific needs and circumstances.
- Comprehensive Support: From the initial consultation to the final resolution, we are with you every step of the way, providing reliable and thorough support.
- Strong Advocacy: We are dedicated to defending your rights and securing the best possible outcome for your case.
- Clear Communication: We prioritize transparent and consistent communication, keeping you informed and involved throughout the process.
- Holistic Approach: We address all aspects of separation and divorce, including financial, legal, and personal matters, to ensure a comprehensive resolution.
We have multiple convenient locations in Toronto, Whitby, Barrie, and other areas to better serve our clients. Find the nearest office by calling 416-449-1400 or visiting our locations page. Trust DSF to be your Toronto divorce lawyer and guide you through this challenging time with expertise and care.
Separation and Divorce FAQs
Pursuant to subsection 8(2) of the Divorce Act, to establish a “breakdown of the marriage”, you and your spouse must live separate and apart for at least one year immediately prior to the divorce proceedings. Pursuant to subsection 8(3) of the Act, spouses are deemed to have lived separate and apart for any period in which they lived apart and had the intention to live separate and apart from the other, even when residing in the same home. You can resume cohabitation for a period of, or periods totaling, not more than 90 days for the purpose of reconciliation during this period. The requirement to live separate and apart may be waived in cases where your spouse has committed adultery or treated you with physical or mental cruelty.
Your consent is not necessarily required for you spouse to get a divorce. Under subsection 8(1) of the Divorce Act, courts can grant a divorce on application from either spouse on the ground that there has been a breakdown of their marriage. This can be proven in one of three ways:
- you and your spouse have lived separate and apart for at least one year;
- your spouse has committed adultery; or
- your spouse has treated you with physical or mental cruelty to the extent that continued cohabitation has become intolerable.
The length of a divorce varies, depending on the circumstances of the case and the jurisdiction where you file for divorce. To be eligible for a divorce, you must have lived separate and apart from your spouse for at least one year, except in cases of adultery or mental or physical cruelty.
If you and your spouse agree on all or most of the main issues in the divorce, such as division of assets and debts, parenting time and decision-making responsibility, and child and spousal support, then you can apply for an uncontested divorce. This process generally takes a few months. You then must serve your application on the other party, wait thirty days for a response, and then submit your documentation to the court to be reviewed by a judge. You will then receive a divorce order in the mail; the divorce takes effect on the 31st day after the order is signed. Your certificate of divorce will be issued within thirty days of the divorce order.
However, if you and your spouse disagree about some of the main issues in the divorce, then you will have to apply for a contested divorce, and the process can stretch out for years. This will likely require legal assistance and several court appearances.
There are two main types of costs involved in divorce proceedings: court fees and lawyers’, or other professionals’, fees.
Court fees include fees for filing an application for a divorce, filing an answer to a divorce application, scheduling a trial, and obtaining a Divorce Order or Divorce Certificate, among others. These fees are paid by the party filing the documents or making the request.
Fees for your lawyer or other professionals that you have retained, such as valuators, accountants, and process servers, are almost always higher than court fees. While you are generally responsible for paying the fees of the professionals that you hire, your spouse may be required to cover some or all of your fees under certain circumstances, such as if they behaved unreasonably, acted in bad faith, or refused an offer to settle if the ultimate outcome was as favourable or less favourable than the offer.
No. The only ground for divorce in Canada is a breakdown of the marriage. This can be proven in one of three ways:
- you and your spouse have lived separate and apart for at least one year;
- your spouse has committed adultery; or
- your spouse has treated you with physical or mental cruelty to the extent that continued cohabitation has become intolerable.
Yes. A court may refuse to grant a divorce in the following circumstances:
- if reasonable arrangements have not been made to support any children of the marriage;
- if the court finds that there was collusion in the divorce application, in which a party directly or indirectly subverts the administration of justice, such as an agreement to fabricate evidence before the court; and
if the divorce is sought on the grounds of a spouse committing adultery, a divorce may be denied if the applicant spouse is found to have condoned or connived in the adultery.
