Frequently Asked Questions

No. You can be separated while living under the same roof, as long as one of you has decided the relationship is over and you are living separate lives. Many couples stay in the house for financial reasons until things are settled.

Usually you must be separated for one year before a divorce is granted. If everything else is settled, the paperwork takes a few months after that. A contested case takes as long as it takes to resolve the real issues — the divorce itself is the easy part.

You need one to put your agreement into a form that will hold up. A kitchen-table agreement without disclosure and independent legal advice is easily set aside. It costs far less to draft it properly now than to fight about it later.

For married couples, the value of the matrimonial home is shared equally no matter whose name is on title. Who lives in it after separation, and whether it is sold, depends on the children, the finances and what the two of you can agree. For common-law couples, ownership follows the title, subject to trust claims.

By the Federal Child Support Guidelines, from the paying parent's income and the number of children. Add-on expenses like child care, uninsured medical costs and post-secondary tuition are shared in proportion to incomes.

It depends on the length of the relationship, the income gap, and the roles each of you took on. The Spousal Support Advisory Guidelines produce a range. In one meeting I can usually tell you whether support is likely and roughly how much.

Not without a court order, and courts strongly favour children having a relationship with both parents unless there is a safety concern. If parenting time is being withheld, call promptly.

It is the current term for what used to be called custody: the authority to make major decisions about the children's education, health, religion and activities. "Parenting time" is the schedule. Both can be shared.

For property, support and parenting, no. Ontario law does not punish adultery or assign blame. Conduct matters only where it affects the children or involves a dishonest handling of finances.

It depends almost entirely on how much you and your spouse fight. A settled case with a separation agreement might cost a few thousand dollars. A case that goes to trial can cost tens of thousands. I will give you a realistic estimate at the first meeting and I bill by itemized account, so there are no surprises.

No. A lawyer can act for only one of you. Your spouse will need their own lawyer for independent legal advice on any agreement.

No. I do not accept Legal Aid certificates.

All initial consultations are held online by video. If video isn’t possible for you, a phone call can be arranged. To arrange a consultation, please use the Request a Consultation form.