What are the 7 Biggest Separation and Divorce Myths in Ontario?

What are the 7 biggest Separation and Divorce Myths in Ontario?

I’ll bet you anything you don’t know the 7 biggest separation and divorce myths in Ontario!

You must understand these myths so that you do not make bad decisions in your separation or divorce based on these myths.

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

Here are the 7 biggest separation and divorce myths in Ontario:

1.   You divide the property and assets on a 50/50 basis.

Many married spouses believe that you simply divide the property and assets on a 50/50 basis.

However, this is simply not true.  You must use a specific family law formula to determine how the property and assets are divided.

In fact, you and your spouse must determine your net worth (your assets minus your debts) on both your date of marriage and your date of separation.

You get to make some really important deductions and exclusions when you are making this important calculation.

Then the spouse who has the higher net worth must pay one of half of the difference between their net worth and the lower net worth of the other spouse.

Your family lawyer can advise you on how to properly determine the property and assets issues in your case.

It’s gets complicated fast.  That’s for sure!

2.  The Truth Will Come Out and You Will Win!

Many spouses focus on trying to show that their former spouse is a liar and a bad person. 

They sincerely believe if they can show that their spouse is a bad person and caused the breakdown of the marriage that they will win in their separation or divorce.

Your spouse’s bad behavior does affect the legal issues in your family case in some ways but it does not affect most family law issues you face.

You must keep focussed on how your spouse’s negative behavior affects certain legal issues in your separation or divorce in a strategic way. 

Generally, your spouse’s bad behavior really only makes a legal difference if they are not parenting your children properly. 

For example, the fact that your spouse cheated on you does not make any difference on parenting time, how assets and property are handled, child support and spousal support.

In short, your spouse’s bad behavior only affects the child custody, access and parenting time issues when their behavior demonstrates bad parenting.

You must this in perspective as you deal with the tough legal issues in your family law case.

Your family law case is about dealing with the specific legal issues in your case.  It’s not about showing that your spouse is a liar or a bad person.

3.  You can stop your spouse from getting a divorce.

Many spouses believe that they can stop their spouse from getting a divorce.

This is incorrect.  You certainly slow them down from getting a divorce.  However, you cannot stop them.

Your spouse does not need your consent or approval to get a divorce.

When your spouse has their divorce paperwork served on you, you can make family law claims against your spouse.  However, this will only slow down the divorce process.  It will not stop your spouse from getting a divorce.

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  

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