How To Stay Out of Family Court in Ontario!

How to Stay Out of Family Court in Ontario!

I often hear clients tell me that that they want to stay out of court.  What they mean is that don’t want a trial with witnesses and a judge making orders that they don’t like.

I understand that.  Today I want to unpack this idea of staying out of court in your separation or divorce.

Hi, my name is Thomas O’Malley.  I’m an experienced family lawyer in Durham Region and the GTA.

Please remember to like this video and subscribe to my Youtube channel if you have not done so already.

You can certainly stay out of court if you and your spouse take reasonable positions on the legal issues in your separation or divorce.

You must get the advice of an experienced Ontario family lawyer about what makes sense for your situation based on the facts of your case.  You must find out what a reasonable legal position is on the key issues in your case.  

These legal issues usually include child custody and access, now called decision-making responsibility and parenting time, child support, spousal support, and the property issues.

After you have a clear understanding of your family law rights, your family lawyer can keep your family law issues from going to court by preparing a well-drafted separation agreement.

In other words, you and your spouse will negotiate a written agreement in which you resolve on a final basis the key issues in your separation or divorce. 

However, the most important point to remember is that both you and your spouse must take reasonable positions on the legal issues to reach a final agreement on these issues.

Your family lawyer will help guide you with solid advice on the various legal issues in your case.

Expect some “back and forth” negotiating about the terms of a proposed separation agreement.  This is very common when you are negotiating the terms of a separation agreement.

When you and your spouse have signed a separation agreement, you have resolved the key legal issues in your separation or divorce.

In other words, you have kept these legal issues out of family court.

However, if you are married, you still need to get a divorce from family court. 

You need to get what is called an uncontested divorce.  An uncontested divorce means that the related family law issues, such as parenting time, child support, and spousal support, have already been resolved. 

You resolve these family law issues with a negotiated separation agreement with your former spouse.

In other words, there is nothing to “contest” or dispute in family court.  You are only seeking to get a divorce order when you have applied for an uncontested divorce in Ontario family court.

When you have not resolved your family law issues with a separation agreement, you’ll have to deal with these issues in family court.  This is what is called a contested divorce. 

In other words, you are seeking a divorce order.  However, you still must deal with the related family law issues, such as decision-making responsibility for your kids, parenting time, child support, spousal support in family court as well.

So yes, you can certainly stay of family court in dealing with most of your family law issues if your spouse is reasonable and you negotiate a fair and reasonable separation agreement with your former spouse.

However, if you are married, you still have to go to family court to get your actual divorce order.  Only Ontario family court can grant you a divorce. 

The good thing is that a divorce in the circumstances usually does not involve any attendance before a family court judge.  It’s just a matter of filing the proper divorce paperwork.  Then you will get your divorce order.

If you have any questions about your separation, divorce or family law case and you would like our help, feel free to contact on my Facebook law office page, that’s O’Malley Family Law, or call me at 905-434-8837 and I’ll point in you in the right direction. 

Click here to join my free Facebook GTA and Durham Region separation and divorce support group: GTA and Durham Region Separation and Divorce Support Group

Please make sure to share this important information with your friends, family members and co-workers.