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Canadian family law questions in 2017

May 26 2017 , Written by Harriet Wyselaskie

Which are the principal steps in the divorce procedure?

Usually the first step is a case conference where the parties meet with a judge to talk about steps and the issues that should be taken. A settlement conference, which settles or narrows the issues indispute usually follows a case conference. A trial will likely be mandatory if parties cannot settle.

While we're separated can my partner and me still reside together?

You will find circumstances where you could be thought to be residing individual even though your partner as well as you are dwelling in the exact same dwelling. Nevertheless, there must be clear evidence demonstrating that you both are not living whileyou both continue to live in your home together. Consulting an attorney could be shrewd should you be uncertain.

How much will getting a divorce cost me?

Resolutions will be different, but court fees in Ontario are usually around $450. Including the fee for filing the divorceapplication as well as the fees that must be paid before the court reviews the divorce papers.

What forms do I have to change my child support payments?

You'll have to file Form 15D: Consent to Modify Child Support if both your ex along with you agree to the new amount.

How long will it take me to get a divorce?

In case you are not claiming for matters like guardianship or access, support, or division of property in case you have already been separated for at least one year, a divorce can be finished within 6 months. The amount of your divorce will usually be proportionalthe amount and complexity of the problems.

Is a child support order from another province valid in Ontario?

Yes. Orders made with a court in any state or territory below the Divorce Act are recognized in Ontario. If not, orders filed with an Ontario court before they could be imposed.

What's a simple divorce application?

For those who have no other claims, such as custody, access or support, you can ask for a divorce that is simple. An easy divorce can beprepared as a combined application by both or one spouse. The goal of this application would be to make the divorce move forward a whole lot more quickly.

Do I need a lawyer to get a divorce?

Without consulting an attorney you may file an application for divorce; nonetheless, you should probably achieve this before hand. A lawyer can assist you to understand your rights and any potential problems which could potentially change theoutcome of your divorce in the event you risk losing a lot.

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