What Not To Do At The Start of Your Separation or Divorce in Ontario!
When you know that you are getting separated or divorced or you know it’s coming, there are some things to do and not to do in your family law case!
Hi, my name is Thomas O’Malley. I’m an experienced family lawyer in Durham Region and the GTA.
Here’s some important ideas on this subject.
One important thing is not to take any action until you have proper family law advice. There’s a lot of myths and misconceptions out there that can really hurt your situation.
It’s good to know what you’re facing by getting advice early on in the process from an experienced Ontario family lawyer.
Making big decisions and taking action before you know how Ontario family law applies to the particulars of your situation is a big mistake!
Another misconception I often hear is that we are just going to use my spouse’s lawyer for the separation or divorce. You cannot share a family lawyer.
What it really means is that one spouse will have a family lawyer and the other spouse doesn’t.
In other words, one spouse will know exactly how to protect their family law rights and the other spouse will be left in the dark wondering what’s happening!
The other lawyer cannot give you legal advice at all! Your spouse’s lawyer cannot represent both of you. It is not permitted.
Another common misconception is that you are just going to use a mediator before you even talk to a family lawyer. The big problem with that is you will be asked to make critical family law decisions about your case in mediation.
How can you make informed and good legal decisions about your separation or divorce when you don’t have any legal advice about your particular situation? You can’t!
You start agreeing to things in mediation when you don’t fully understand the implications and consequences because you have not received legal advice from an experienced Ontario family lawyer.
Another typical mistake is that you agree to leave the house before you have kind of written agreement with your spouse in place.
You don’t want to move out of your home without a game plan about a set schedule for parenting time with your children and who is going to be responsible for what bills and expenses for your home.
Don’t move out of the home until you get proper family law advice from an experienced family lawyer first.
Another common mistake is that you agree to certain things about your separation or divorce with your ex-spouse before you realize what you’re getting into.
Again, you need the advice of an experienced family lawyer to see the big picture in your separation or divorce and to understand when you should agree to certain things in your separation or divorce.
Agreeing to things dealing with the big issues in your family law case, including child custody and access, now called decision-making responsibility for your kids and parenting time, child support, spousal support, what’s going to happen to the house, and other property, can really cause problems for you if you don’t discuss these important issues with a family lawyer first.
Another big mistake is listening to your co-workers and friends about what you should do and not do in your separation or divorce. They are not family lawyers and cannot give you proper family law advice no matter how well-meaning they are.
So that gives you an idea of some of the big mistake you need to avoid at the start of your separation or divorce.
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 905-4343-8837 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.
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