Separation and Divorce in Midland and Simcoe County

Most people who call me have just realized their marriage or relationship is ending, and they don't know what happens next. Here is the short version.

Separation comes first. You are separated when one of you decides the relationship is over and acts on it. You do not need to move out, and you do not need a court's permission. What you do need, fairly soon, is a clear understanding of where things stand with your children, your money and your home.

A separation agreement settles most of it. The large majority of my clients never see a courtroom. We work out the terms — parenting, support, property — and I put them in a written agreement that both of you sign. A properly drafted agreement, with each side having had independent legal advice, is binding and can be filed with the court to be enforced. If your spouse's lawyer has already drafted one, I will go through it with you line by line before you sign anything.

Divorce is the last step, not the first. In Ontario, a divorce is usually granted after you have lived separate and apart for one year. The paperwork is straightforward once the real issues are settled. I prepare and file the application and see it through.

If you can't agree. Some cases do need the court — where there is urgency, a safety concern, or a spouse who won't negotiate. I have appeared in the family courts in Barrie and across Ontario for 30 years. I will tell you plainly what a court is likely to do, what it will cost, and whether it is worth it. Fewer than five percent of my files ever reach a trial.

A word about common-law couples. If you were not married, the rules for property are different, but support and parenting are handled much the same way. Call me and I will explain what applies to you.

The first meeting. We spend 30 minutes going through your situation and I give you a realistic assessment: what you are likely to get, what it may cost, and what to do next. The initial 30-minute consultation is $150.00.