In Canada, a court order from the Superior Court of Justice is required in order to dissolve a marriage. In Ontario it is the same. This is the only way to divorce. There are three grounds for divorce: adultery, cruelty, or that the parties have separated for more than one year (i.e. the divorce judgment will be issues after they have separated for one year). With the above said, the most commonly used ground is having separated for one year. Feel free to contact our firm and learn about the different grounds and how to obtain a divorce order in Ontario in a fast and economical manner. 

An uncontested divorce refers to obtaining a divorce after the parties have reached an agreement with regards to the relevant issues (e.g. custody/major decisions, access/parenting time, child support, spousal support, property division/equalization, etc). Where possible, it is usually recommended to settle the outstanding issues before seeking a divorce order. Not only it would require must less time, efforts and money, it reduces the stress and headaches associated with the litigation process. The family lawyers at Tao Law have plenty of experiences representing clients in an amicable manner and/or in negotiation settings, so as to maximize the parties’ chance reaching a settlement.

Studies show that, most family law matters, even if contentious, would resolve outside of court. Usually this requires lawyers with specialized knowledge in family law to participate in the process. Our family lawyers can accurately access the matters, provide legal advice based on the applicable statutes and case laws, preserve the good will in a dissolving family unit, which often involves child-centered considerations. In the event the negotiation breaks down, our family lawyers will quickly prepare court materials in order to reduce any undue delay in your matter.

In vast majority of the cases, children would benefit from contact and interactions with both parents. The family courts in Ontario routinely order parenting time with both parties, often (but not always) with a view to maximize parenting time with both parents. Where special considerations are required in a case, the court would carefully assess different factors in order to determine the best interests of the child. If you are being denied parenting time (i.e. access) to your child, it is imperative to reach out to a family lawyer immediately to receive timely legal advice. You will want to avoid any unjustified delays and any negative inferences from the same, so your legal interests will not be prejudiced.

Fortunately, parenting issues are not based on one’s economic circumstances or wealth. Parenting issues are determined in the best interests of the child, which in turn depend on the parents’ relationship with the child, the parents’ abilities and willingness to care for the child, and sometimes the parents’ circumstances at work. A low-income primary caregiver often is entitled to child support and also spousal support. While spousal support is on top of child support, it may surpass the amount of child support. The determination of spousal support is quite fluid and discretionary, and you want to make sure you talk to an able family lawyer (such as our lawyers) for legal advice on this point.  

For the roughly 15% population of Ontario who are self-employed, family law have special treatments for you guys/gals. Very rarely would the court equate the support payor’s taxable income to be the person’s “family law income for support purposes”. Ran Tao, Barrister and Solicitor, frequently utilized his previous experiences in the business/startup sectors to help his clients to navigate this interesting area of water. In some cases, we also achieved satisfying results and proved cash-based incomes after performing financial analysis.

It is not rare for a party involved in a family law proceeding to have case or unreported income. In these family law cases, it is often a challenge to determine a party’s income for support purposes. The Court must engage in comprehensive analysis to impute income upon this party. The Court typically treats the issue seriously and will employ various strategies to ascertain the truth. If you are involved in a situation like this, you may want to give us a call, and our experienced family law litigator can assist you based on your unique circumstances.

Foreign connections in a family law case bring up many additional considerations: will the ex-spouse hide assets from me? will the ex-spouse pack up and leave? can he/she take the child overseas? There usually options to protect one’s legitimate interest, but careful planning, taking appropriate actions, the right timing are all very important in these cases. Ran Tao, Barrister and Solicitor have extensive experiences dealing with interjurisdictional family law cases. You can call or email us for a consultation.