At Catherine A. Egboye Law Office we work with individuals in all aspects of Family Matrimonial Law matters. Our law office will help in negotiating and drafting of separation agreements and parenting plans. We can provide you with advice on your options as well as review offers that you have been asked to consider.
Our Family Law Practice includes the following:
- Uncontested Divorce and alternatives to court
- Marital Separation Agreements
- Pre-nuptial Agreement, Cohabitation & Marriage Contracts/Agreement
- Property Division
- Custody Access
- Variation of existing orders and agreements
- Support - Child/Spousal
- Marriage Annulments
- Sale of Family Property
- Independent Legal Advice
There are three different types of Separation
(a) Living separately and apart (without any court order or agreement) - this includes living separate and apart in the family home
(b) Living apart with a separation agreement
(c) Living apart and obtaining a court order declaring that there is unreasonable prospect of reconciliation
Exemptions from the One Year Separation Rule
There are certain circumstances that Divorce can be granted without waiting for the one year separation, these include the following:
(a) you can prove that your marriage has broken down because of adultery and you cannot forgive the adultery or
(b) you live together for more than 90 days after finding out; or
(c) your spouse was physically or mentally cruel to you.
An uncontested divorce is a situation where both parties agree that the marriage is to end and come to a mutual agreement regarding the final divorce settlement. Uncontested divorces move through the process of divorce more quickly and with less expense to the parties than a contested divorce.
When can you get a divorce?
If you have lived in the province for at least one year or more and can demonstrate that your marriage has broken down.
To establish Breakdown of Marriage you will need to show:
(1) That you have lived apart for at least one year; or
(2) one of you have committed adultery; or
(3) That one on you was mentally and/ or physically cruel to the other
Upon a marriage breakdown our law office will advice you as to your RIGHTS and OBLIGATIONS and ensure that you are protected. Once grounds for divorce have been satisfied, a (simple) uncontested divorce will take approximately 90 days to complete.
Can both spouses share the same lawyer during a divorce?
In order to avoid a conflict of interest, each spouse should retain their own lawyer to obtain independent legal advice. This will ensure both spouses fully understand their rights and obligations.
Is the Original Marriage Certificate required to file a divorce application?
In order to obtain a divorce, your original marriage certificate must be filed with the court. This can either be done at the beginning when you file the Application or during the second stage when you pick up the remaining forms for completion. If you do not have your marriage certificate, you can order one from the government of the province where you were married. In Ontario, you order it from the Office of the Registrar General in Thunder Bay. An application for the certificate is available at the court. There is a fee charged for the certificate and it can take several weeks to obtain. For information, call toll-free 1-800-461-2156. You must file your certificate with the court before your Divorce Order is granted. To legally end your marriage, you need a divorce, which is an order signed by a judge under the federal law called the Divorce Act.
When am I free to remarry again?
Either spouse is free to remarry 31 days from the date the divorce order is issued.
What are the costs related to a Divorce Proceeding?
There are basically two types of divorce fees, the lawyer fees which is variable and disbursement fees and court costs which are fixed.
For an initial consultation with one of our experienced lawyers, call us today at (905) 827-0809