What You Ought to Know About Filing for Divorce in Toronto

Divorce proceedings differ from one country to another depending on the laws. If you intend to file for divorce in Toronto, it is important to hire an expert who understands the legal framework governing such proceedings. Familiarizing yourself with these laws will give you the much needed insight and allow you to go through the process without much stress.

Grounds for Divorce

The Canadian Divorce Act recognizes three grounds for divorce;

• Adultery
• Cruelty
• One year separation

Filing for divorce on the ground of either adultery or cruelty is not an easy affair because providing evidence is quite difficult, not to mention expensive. Even in the event you manage to secure the evidence, it may still take more than a year to get the divorce because of the backlog in the court system. Separation is therefore the most common ground for divorce in Canada.

Documents Required When Filing For Divorce in Toronto

You will be required to submit a copy of your marriage certificate to the court. Your lawyer will need to go through your financial documents in order to determine just how much you are entitled to. These documents include;

• Bank statements
• Recent pay stub
• Income tax returns
• Life insurance documentation
• Mortgage statements
• Credit card statements

Due Process to Follow to File Divorce in Toronto

You can either decide to settle the divorce or through a lawyer or out of court through a legally binding contract known as a separation agreement. If you prefer hiring a lawyer you will have to carry out the following steps;

• Prepare and issue the divorce application and financial statement.
• Serve your spouse with the application yourself or through a lawyer.
• Your spouse has 30 days to respond with an answer and financial statement.
• Attend a case conference.
• Evaluation of financial documents and filing motions, if any.
• Attend a settlement conference and try to reach an agreement.
• Proceed to trial if you cannot settle things during the settlement conference.

Child Support And Custody Guidelines

Child support calculations differ from one province to another depending on the cost of living, number of children and individual’s income. In fact, there is a Child Support Table which determines how much each of you will pay for child support. Child support does not necessarily end when the child attains the age of 18 and you also cannot control how it is spent.

Property Divorce Laws

The first step is for both of you to calculate your net worth.  After the calculations are done, the spouse with the highest value is expected to pay the other an equalization payment. However, it is important to note that both of you have the right to live in the matrimonial home as you file for divorce in Toronto. The value of the assets is divided between the two of you once you separate.

Discover the difference in Fine & Associates. If you need the best in Toronto’s family law, be it for divorce law or child custody – pick up the phone today and give us a call.