Divorce Lawyers in Mississauga, ON
Competent Legal Representation in Mississauga, Oakville, Burlington & The GTA
A divorce is the legal process which terminates a marriage. Divorces in Canada are governed by the Divorce Act, which outlines the laws regarding divorce. the laws related to child support, custody and access for children of the marriage and the laws related to spousal support for married spouses. Another issue that is governed by the province in which you live is that of the division of marital property.
Whether your divorce is complicated – involving issues of support, property division and parenting – or simple, the process is complex. Many documents must be filed to complete even the most straightforward, uncontested divorce and very specific procedural rules must be followed. At Rose Family Law, we recommend that, at a minimum, anyone seeking a divorce should have an initial consultation with a lwyer to receive a legal opinion regarding his or her rights and obligations. Our competent Mississauga divorce lawyers bring intensive experience and dedicated client support to those facing this often stressful and difficult legal process.
Ensure that your rights are protected and best interests are pursued in your Ontario divorce. Discuss your needs with one of our capable lawyers by booking your initial appointment online or at (905) 367-0134.
More About Divorce in Ontario
While obtaining a divorce in and of itself can be straightforward, a court order is always required. Sometimes, parties settle issues on their own, such as custody, access and support, and only apply to the court to obtain a divorce. Those cases, called “uncontested divorces,” are straightforward and relatively inexpensive. However, it is important to be fully aware of the impact a divorce can have on your rights. It is advisable to obtain legal advice from a lawyer before obtaining a divorce.
A divorce will not be granted unless you have been separated from your spouse for at least one year or you have established one of the other bases for a breakdown of the marriage. These other bases include adultery or mental or physical cruelty. If you are able to prove adultery or cruelty as the reason for your divorce, the court may grant a divorce without the need for the one-year separation rule. However claims of cruelty cannot be frivolous. They must be substantial making cohabitation an intolerable prospect for the affected spouse.
If you have already been separated for at least a year, an application for divorce can usually be completed within four to six months if it does not carry other claims, such as for child custody or access, support, or division of property.
You may be considered to be living separate and apart while continuing to live in the same home, although it will depend on the facts of your case. Generally, the courts require clear evidence that spouses no longer maintain a spousal relationship when continuing to reside in the same home. If you are not sure about whether you would be considered separated in your circumstances, we can assist you in making this determination.
If your application includes other claims, the time that it takes to complete the case will depend on how complicated the issues are and whether you and your spouse can agree on all or some of the issues.
Courts may not grant a divorce before the other issues have been decided. For example, if you have children, a court will not grant a divorce until you have shown that you have made adequate child support arrangements.
Experienced and skilled counsel can make a difference in the outcome of your divorce. Contact Rose Family Law to set up an initial consultation with a Mississauga divorce lawyer today. Call (905) 367-0134.