Is it illegal to get remarried before my divorce is final?
One of the legal requirements necessary to obtain a marriage license is a final divorce order. Therefore, you will not be able to enter into a marriage if your divorce has not been finalized.
How can child support be changed in Ontario?
Child support can be changed by applying to the courts for a modification in your child support payments. In order to be eligible for a variation of child support payments, you must meet certain requirements. The other alternative may be to have a settlement out of court with the child support recipient, and draft… Read More »
Can an Ontario court order alimony payments after divorce?
An Ontario court may award spousal support payments to a spouse after a divorce in certain limit circumstances. For example, if there wasn’t proper and complete financial disclosure exchange between the parties, then spousal support issue may be relitigated even after divorce.
What is legal separation?
In Ontario, spouses will be considered legally separated if they are living separate lives, such as they are no longer sharing a bedroom or they may not be having intimate relations. Although they may be separated, spouses may continue to live in the matrimonial home and still be considered separated.
In my Ontario divorce case, what are the alternatives to going to court?
If you do not wish to litigate issues arising out of marriage breakdown in court, you may choose to avail yourself to mediation or a domestic contract called a separation agreement.
How are child care expenses divided in Ontario?
Child care expenses in Ontario fall under the umbrella of Section 7 expenses. Those expenses are shared by both parents in accordance and in proportion of their annual incomes.
Can a dependent spouse be forced to work in Ontario?
A dependent spouse, or a spouse receiving spousal support, cannot be ordered to work in Ontario. However, if that spouse is under-employing themselves, the court may impute their income to the level of income that that spouse has the ability to earn.
What is joint custody?
Joint custody means that both parents will have to make major decisions about their children together. In order for joint custody to work, parents must be able to co-parent and make decisions jointly.
Is my spouse entitled to a portion of my business in Ontario?
Your spouse may be entitled to a portion of your businesses in Ontario. If your business was existing prior to marriage, then your spouse may have a lesser interest in the business, rather than if the business was started during marriage or at the outset of marriage.
Do the wishes of a child have any influence in custody decisions in Ontario?
Yes, if a child is 13 years or older, their views and preferences will be looked upon by courts before making their final custody and access decision.