Family Law

Family Law FAQ

Common questions about divorce, separation, custody, support, and property division in Ontario.

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Family Law Questions

How long does a divorce take in Ontario?

Uncontested divorces typically take 4–6 months once the application is filed. Contested divorces can take much longer depending on the issues.

What’s the difference between separation and divorce?

Separation is when a couple lives apart without being legally divorced. Divorce is the legal end of the marriage. Most couples are separated for at least a year before divorcing.

How is custody decided?

Ontario courts decide custody based on the "best interests of the child." Factors include each parent’s relationship with the child, stability, and ability to care for the child.

How is child support calculated?

Child support is calculated using the Federal Child Support Guidelines, based primarily on the paying parent’s income and the number of children. Extraordinary expenses (like daycare) are shared proportionately.

How is property divided after separation?

Ontario uses "equalization of net family property." Each spouse’s increase in net worth during the marriage is calculated, and the spouse with the larger increase pays the other half the difference.

Do I need a lawyer for a separation agreement?

Yes. Separation agreements have long-term legal consequences. Both parties should have independent legal advice before signing.

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