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Toronto Family Law Blog

Questions one should ask before filing for divorce

The decision to pursue an Ontario divorce is often the hardest decision anyone will make. After all, no one gets married thinking that the union will end in divorce. When it comes time to consider whether or not filing for divorce is the best option though, there will probably be a lot of soul-searching.

So, what questions should one ask themselves before filing for divorce? A recent news article covered this topic, and many of the questions will likely be relevant for anyone who is considering divorce. First, anyone in this position will want to ask themselves whether or not they are financially prepared for the implications of getting a divorce. In many cases, the messier the divorce process, the more expensive it can be.

A checklist of assets that might come up in a divorce case

There are many Ontarians who go into a divorce knowing that there will be a myriad of issues to address, but who are still surprised at how complex these cases can become. Sure, one knows more about their family, spouse and personal finances than anyone else, but once they become involved in the family law process, they will be exposed to other people -- judges and attorneys, for starters -- who oftentimes have decades of experience with divorce cases and the associated issues. During the divorce process, one area in which many people are somewhat surprised is when they learn the full extent of their assets and debts.

It can help to have a checklist of assets considering what all needs to be split during the property division process. For example, one category would be real estate. Sure, families probably own a family home, but is there other real estate as well; a vacation home or rental property, perhaps?

How do you know if it is time to consider a divorce?

Many of our Ontario readers are likely facing family problems that could include significant issues between spouses. Most people who are facing these situations do their best to work it out, but sometimes, all of the best efforts and intentions are not enough. How does one know if it is time to consider a divorce?

Well, for starters, if a spouse is thinking about filing for divorce, they are obviously contemplating one of the most significant life changes a person can experience. After all, no one gets married thinking that divorce may be an eventual reality. We all expect our marriages to last, no matter the difficulties. But, if one finds themselves thinking about what life would be like without being involved in a marriage that is no longer as rewarding as it used to be and how life might be better if not married, it may be time to consider the legal realities of the divorce process.

Spousal support paid from a U.S.A. resident to a Canada resident

We all know that spousal support paid by a Canadian resident to a Canadian resident is tax deductible to the payor and must be included in the income of the recipient.

But what happens now where the support payor resides in the U.S.A. and the support recipient resides in Canada?

"Being a parent means all of this, and so much more." Child custody access common sense leads to shared parenting order.

R.B. v. A.H. is an interim child custody access decision from the Newfoundland and Labrador Supreme Court. It is remarkable for some startling yet what should be patently obvious observations with respect to the importance of maintaining children's bonds with both parents in a meaningful way.

Science behind DNA testing and what it means in family law

Toronto family law issues are some of the most difficult legal problems. While most people enter a relationship and have children with someone else thinking that their bond will only grow with time, the unfortunate reality is that this is not always the case. Relationships fray and people can grow apart. However, if there are children from the relationship, certain legal realities need to be established. Paternity is one.

When we talk about, "paternity," we are talking about establishing the identity of the biological father. These days, the most common way to establish paternity is through DNA testing. And, there is a science behind this methodology that is important for anyone facing this family law issue to understand.

Using the best interests of the child standard in child custody

What is in the best interests of the child is the standard that is used to make child custody decisions. The best interests of the child standard is the guiding standard when decisions impacting children, such as the custody of a child, are considered.

In the most basics terms, the best interests of the child standard is a legal test that evaluates what will have the most positive impact on the child's physical, psychological and emotional safety, as well as the child's overall well-being and security. Different factors are considered to determine what would be best for the child such as what would be the best child custody arrangement for the child and the child's well-being.

Parental alienation can have damaging effects on children

When parents separate or divorce, it can be challenging for the children involved to adjust to their new circumstances. Children will already be trying to understand and accept any new living arrangements, visitation schedules, and the idea that their parents are no longer together.

By itself, this can be difficult for children of all ages to accept, from toddlers to teenagers. Parents will also be dealing with this new arrangement as well, which they may find just as challenging as their children do.

What to expect from property division during divorce

The divorce process can feel overwhelming, and divorcing couples likely have a long list of priorities and concerns they want to address during the divorce process. It is important for divorcing spouses to understand how to protect their interests and the wealth they have accumulated during their marriage, especially in circumstances of a high asset divorce.

Property division concerns that divorcing spouses may have include financial accounts, real estate or business interests. It is valuable for divorcing couples to know how family law statutes and rules work and impact property division. Property division is conducted by valuing assets and liabilities at the date the couple marries and the at the date the couple separates and the increased wealth accumulated during the marriage is either shared or equalized.

Contact Gene C. Colman for a customized legal strategy today.

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