Understanding the Separation and Divorce Process in Ontario: An Essential Overview to Untangling the Mystery of Getting Separated in Ontario

Understanding the Separation and Divorce Process in Ontario: An Essential Overview to Untangling the Mystery of Getting Separated in Ontario!

If you want to understand the separation and divorce process in Ontario, you’ve come to the right place! 

In the next few videos, I’ll discuss the key elements in the separation and divorce process so that you are not travelling blindly through this difficult process.

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

First, you need to know the difference between a separation and divorce.   Separation means that you or your spouse have ended the relationship or marriage since you and your spouse are no longer living together as a couple.

A divorce refers to the formal or legal end of a marriage with a divorce order from the Superior Court of Justice in Ontario.

Sometimes you will hear people refer to a “legal separation.”  A legal separation usually means a written separation agreement signed by both spouses that deals with the family law issues in their case.

Next you need to meet with an experienced family lawyer to discuss the details of your situation.

Your family lawyer can clearly explain your legal rights to you during this difficult time.

Your family lawyer can also make a solid recommendation on the best approach for you to take at the start of your family law case:  you need to decide whether to try to negotiate a separation agreement with your spouse or go to family court from the start.

Your lawyer will have a good idea on the best approach for you to take based on details that you provide to them.

Your spouse must be reasonable on the main issues in your case to successfully negotiate a separation agreement to avoid court.

After you have hired an experienced family lawyer, you need to provide a written summary of the key facts in your case to your lawyer.  This will help your lawyer prepare accurate legal paperwork for you.

You will need to provide critical financial information to your family lawyer.  Your lawyer will give you what is called a Financial Statement.  They will help you complete this document.

Your Financial Statement includes four main sections:  your current monthly income, your monthly expenses, your assets and your debts.

You need to get documents that show the value of your assets and the amount of your debts listed on your Financial Statement.

You also need to get your last three years’ Notices of Assessment and a recent paystub.

You need to prepare your Financial Statement whether you want to negotiate a separation agreement with your spouse or go to family court directly.

If you are negotiating a separation agreement with your former spouse, you need to get your former spouse’s Financial Statement and their supporting documents as well.

I will discuss more details about the separation and divorce process in Ontario in another video.

If you have any questions about your separation, divorce or family law case and you would like our help, there’s a few ways to contact our office.  You can leave a message on my Facebook law office page, visit my website at www.canadiandivorcelegaladvice.com, or call me directly at 905-434-8837. 

We would be happy to speak to you.

Oh, by the way, did you know you can protect your family law rights and get essential information on settling your family law issues with your former spouse with the daily indispensable family law advice and tips at my FREE Facebook group? 

Click here to find out more: Durham Region Separation and Divorce Legal Support Group  

Thanks for watching this video.