FREQUENTLY ASKED QUESTIONS
Q. My spouse and I are thinking of hiring one lawyer in order to save time and money. Is this a good idea?
A. No, it is not appropriate for both spouses to be represented by the same lawyer, even if they agree to the terms of their settlement. Your lawyer looks out for your best interests, not those of your spouse.
Q. What happens if my spouse will not hire a lawyer?
A. While it is certainly preferable to negotiate with your spouse’s lawyer, or argue the case in court with that lawyer, family law cases can be resolved where one spouse is self-represented.
Q. How can I keep my legal costs down during my divorce?
A. Ask your lawyer if you will be billed on the basis of a minimum unit of time. If the answer is yes, sending your lawyer an email with four questions will cost less than sending four emails each containing one question. Also, avoid using your lawyer as your therapist.
Q. My lawyer is out of town. Can I just call my spouse’s lawyer to ask a question?
A. No. If you have your own lawyer, you should never contact your spouse’s lawyer. If you are self-represented, you should only contact your spouse’s lawyer, in writing, to ask questions that are not of a legal nature.
Q. How can I know if my legal rights are being protected during a divorce mediation?
A. Hire a lawyer while you are in mediation to provide advice, not representation. A mediator cannot provide legal advice and can’t give advice to one spouse that may be contrary to the interests of the other.
Q. I am ending a relationship with my common law partner. Do I have the same rights as a married person?
A. Yes and no. The answer depends on the issues in your case, including child custody, financial support and division of property.
Q. How can I protect my property or business that I am bringing into a marriage?
A. The best way to protect your premarital property or business is through a Marriage Contract which establishes each spouse’s rights in the event of separation, divorce or death of a spouse.
Q. Is child support paid while a child is attending college or university and is not living at home?
A. If the parties are unable to agree on the issue, in some cases the payor parent may be obligated to pay part or all of the child support for that child.
Q. I invested more money in the matrimonial home during the marriage, so will I receive a larger portion of its value at separation?
A. No, you will not, even if some of the funds originated from an inheritance you received during the marriage. The matrimonial home will be divided equally between the spouses.
Q. Is it true that a child can decide which parent he/she wants to live with at age 12?
A. There is no set age after which a court will respect the wishes of a child, just as there is no guarantee that a court will respect the wishes of a 14 year old or a 15 year old. Their wishes will however be given a good deal of consideration, especially where the reasons are of benefit to the child.
Q. How long does the divorce process take?
A. The amount of time the divorce process takes depends mainly on how complicated your case is. Simple divorce cases can take a few months, but a divorce with complex financial, property, or custody issues takes far longer.
Q. How do I contact you?
A. You can call Ellen directly at 416-920-3030, email her or complete the contact form.
Q. How do I get started with you?
A. Call 416-920-3030 to book a no-cost initial 30 minute consultation
