FAQ's & Links
Frequently Asked Questions
Q
Will my case have to proceed to Court?
A
Not necessarily. If both parties agree to the terms of an Agreement, we will draft the Agreement, and it will be executed by the parties without the assistance of the Court. If a problem exists later on, the Agreement can always be filed with the Court for enforcement.
Q
How long will this process take?
A
If the parties are in agreement, the case could be resolved very quickly….usually 1-3 months. If the case proceeds to Court, it could take several months to a year, depending on the complexity of the case.
Q
Can I apply for my divorce immediately following my separation?
A
According to the Divorce Act, you must be separated for one year before the Court grants your divorce (unless you are claiming adultery or cruelty, in which case, upon sufficient proof, the Court may grant your divorce immediately). In either case, you may apply for your divorce immediately following the date of separation. (If we must proceed to Court, we will claim your divorce through this process, in concert with the additional claims for relief)
Q
When am I separated?
A
Separation is a mental test, not a physical one. Thus, when one party verbally tells the other that they no longer wish to be married to them, you are separated. If there is a disagreement with respect to the date of separation, a Judge will likely have to determine the date.
Q
Why is the date of separation so important?
A
The value of your assets and debts (with the exception of the matrimonial home) are valued as at the date of separation.
Q
Can you tell me how much child support I should be paying?
A
It depends on your income and the number of children involved. The
Child Support Guidelines, which came into existence in 1997, determine how much child support the support payor should pay to the support recipient, depending on the number of children involved. For further questions, please contact us.
Q
What does the Court take into consideration when determining custody?
A
The test for custody is always the "best interests of the child", which take into account a variety of factors. Please contact one of our lawyers for further information in this regard.
Q
What does the Court take into consideration when determining spousal support?
A
Again, the test for spousal support is the entitlement to same (based on the length of marriage); the need of the support recipient; and the ability of the support payor to pay spousal support. Please consult with one of our lawyers for further information in this regard.
Buttigieg