What Is The Difference Between Separation & Divorce In Toronto?

When married couples are contemplating divorce, spouses need to understand the differences between separation and divorce. Oftentimes, people use the terms interchangeably, yet they are not the same thing.

                     

What Is Separation?

Separation is generally defined as living separate and apart from one another. Couples can separate on their own without filing for divorce. They can choose to remain living in the same home in some cases as long as they live separate and apart within the home.

For example, one person could move out of the marital bedroom and into the guest room, establishing a separation. While the couple might still share certain responsibilities, like contributing towards household expenses or raising and caring for minor children, they may decide to do other things apart.

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Reasons Why You May Need To Go Back To Court After Your Divorce In Toronto

After your final divorce hearing and waiting the mandatory waiting period, you would think your divorce is final and over. Yet, this is not always the case for some divorced couples. Instead, this is the start of a long journey of challenges post-divorce that could find you both back in court numerous times.

                         


Some of the more common reasons you could end up back in court could include, but may not be limited to:

Reason #1: You or your ex-spouse failed to perform an obligation as part of the divorce agreement.

This situation arises when there are specific obligations each party agrees to, like agreeing to pay off certain debts as part of your division of debt agreement. If you fail to pay off these debts or fail to continue to make payments on time, you could find yourself in front of the judge for a contempt proceeding. Contempt means that you failed to adhere to an Order and knowingly or willfully violated said Order.

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Getting Ready To Adopt? Get Help From Our Toronto Adoption Lawyer

Adopting a child can be a rewarding experience when you want to start a family. Some people adopt because they are not able to have children of their own. Other people adopt because they do not want to go through surrogacy or are finding it difficult to find an appropriate surrogate.

               

Then, there are men and women who do not want to get married to start a family. They enjoy being single. Yet, they wish to raise a child.

The adoption process should be joyful and exciting. However, there are times when questions arise, unexpected obstacles occur, and other issues arise. These things can turn a happy experience into one that is stressful and not as rewarding.

To avoid finding yourself in this situation, it is best to get help from an experienced Toronto adoption lawyer. Your lawyer understands the legal processes to adopt a child. They will have helped other people adopt and start their families.

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How Is Child Custody Determined During Separation And Divorce?

An important part of your divorce proceeding, when minor children are involved, will be resolving matters of custody. Child custody is deciding who will have care and control of the children.

                

Typically, one parent will become the custodial parent. The children will live with the custodial parent the majority of the time. The non-custodial parent will be granted access to the minor children at set times, which is often referred to as visitation.

Who Is Responsible for Deciding Child Custody?

The family courts encourage parents to attempt to reach an agreement about child custody that is in the best interests of the children. If the parents can reach an agreement, it is put into writing, signed, and submitted to the court through their respective divorce lawyers.

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What Do I Do If My Spouse Says They Are Contesting Our Divorce?

A contested divorce is more complicated because one spouse refuses to come to the necessary agreements required by the Family Court to dissolve the marriage. The first thing to remember is that your spouse cannot stop or suspend the divorce proceeding.

The law requires the judge to wait a certain amount of time before the divorce can be finalized. While the other party might attempt to delay it and drag it out, eventually you will get your divorce as long as you have help from a divorce lawyer with experience in contested divorces.

The next thing to remember is that to obtain the divorce, you and the other party will have to come to an agreement on the division of marital property, disposition of the marital home, child access and custody, child support, and possibly spousal support. These issues should ideally be dealt with before proceeding with your formal divorce application.

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Is A Marriage Contract Right For You?

An important part of deciding to get married in Toronto is determining whether a marriage contract is right for you. A marriage contract is a legally binding document you and your future spouse typically sign before marriage. Married couples can agree to a legally binding marriage contract after getting married as well.

          

For cohabitating couples, an alternative agreement they can agree to is called a cohabitation agreement. This agreement is similar to a marriage contract. It is highly recommended for couples that have children together or are acquiring assets jointly.

To help you decide if a marriage contract is right for you, ask yourself the following:

Do you have significant assets? If you have investments, savings accounts, stocks, bonds, real estate, artwork, etc., and you do not want to share this equally with your spouse if you get divorced, then you need a marriage contract.

Do you own the home you and your spouse will reside in? If you already own the home before your marriage, a marriage contract can ensure you retain sole ownership of it in a divorce.

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