Got a general question about divorce and separation? Continue reading for our answers to some of your questions. If you have more specific questions, we strongly recommend you call Max Rapoport for an appointment to evaluate your situation.
As a lawyer I am unable to represent both sides; however, if the parties agree I can act for one person and the other person represents himself or herself. This avoids extra legal fees where the agreement is relatively straightforward and the parties are able to cooperate with each other.
A divorce is a document which confirms that the marriage is over. A divorce cannot be completed until one year after the parties have separated; however, a divorce can be commenced prior to one year having expired.
A divorce does not deal with financial issues, custody, support, etc., it simply officially ends the marriage.
A separation agreement is a document which sets out how the parties have resolved their differences concerning custody and financial matters. If the parties are unable to reach an agreement, then either party can take the other to court to have the outstanding issues determined.
The divorce has nothing to do with division of assets. The issues are triggered when the parties separate. It is noteworthy that parties can be considered to be separated even if living under the same roof. If the parties are unable to divide their assets or are unable to agree on any other issue such as custody, sale of the matrimonial home, pensions, etc., it may be necessary to take the matter to court.
I have an abiding interest in children with special needs. Aside from my interest, I have a master’s degree in special education and a doctorate in psychology.
It is a rare case where a psychologist becomes involved in a dispute regarding custody; however, it is not uncommon that a government agency known as the Office of the Children’s Lawyer becomes involved to assist in resolving custody and access disputes and may provide a lawyer for the children or a social worker to report to the parties and to the court.
If one party believes that a child is being harmed by the actions of an estranged spouse it is likely that the immediate assistance and direction of the court is required.
As the issue of sharing of pensions can be complex and is often intertwined with the issue of entitlement to support after the retirement of the pension holder or pay or of support. Expert advice is required from a lawyer qualified and experienced in the area.
I have over 30 years of experience as a lawyer practicing exclusively in the area of family law.
A There are many considerations that apply to this type of situation:
There are a whole host of factors contribute to the issue of an “unemployed spouse” during a relationship.
Approach an experienced lawyer for advice or a mediator – Mr. Rapoport is an accredited and qualified mediator in addition to being a lawyer.
Assets are not usually shared in a common law situation. This is different than in a case where parties are married which results in an automatic equal sharing of assets. Certain factors can assist people involved in common law relationships to potentially be allowed to share in assets; however, in many cases this would require an application to the court.
There is very little, if anything, that can be done to ensure where support payments are being directed. In extreme cases, where child support is not being directed for the benefit of the children, an application to the court might be necessary.
The filing of a divorce does not affect a court order for support or custody. It is the fact that people separate not divorce.