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We find solutions that are in your and your family’s best interest.

Divorce law in Ottawa encompasses the legal processes surrounding the end of a marriage. It can include family law matters like custody, alimony, property division, and other issues that arise in a marriage.

Divorce can be a complex process, an experience that most people don’t want to repeat. Consider the following numbers:

  • Ottawa had a total population of 1,017,449 in 2021
  • 46.61% were either married or living together as common-law spouses 
  • 7.46% were living as common-law spouses but were never married, and 1.51% were divorced (Statistics Canada
Divorce Lawyer In Ottawa

Married people often find themselves at legal loggerheads when they separate and divorce. Issues such as parenting time, child support, and division of property create a stressful environment while the situation is ongoing.

At Nussbaum Family Law, we specialize in helping you get through this trying time as smoothly as possible. We’ll guide you to ensure that you resolve your divorce in the most efficient way possible. 

Barry Nussbaum and his team of experienced family law lawyers offer a free consultation. 

We put a premium on your time and will ensure you don’t waste it on a costly consultation. 

Our family lawyers are licensed in Ottawa and have years of experience helping other clients through their divorces. 

Knowing what you’re getting into and your options are essential if you’ve never been through a divorce. 

We advocate for our client’s best interests, no matter what. Contact us today to get the process started.

Why Nussbaum Law?

Divorce can be challenging to navigate. It would be better if you had a lawyer familiar with the divorce laws of your province or territory. It would help if you also had someone who understands your situation and works to get you the best outcome.

The wrong lawyer could cost you money, time, and even custody of your children, not to mention emotional distress. We at Nussbaum Family Law consider it our moral duty to help you in these stressful times.

Our experienced legal counsels, paralegals, and support staff are here to help you navigate the legal process confidently and efficiently.


Our mission is to provide a unique and expert legal service to our clients at reasonable prices. We will give the best value for your hard-earned money. We commit to providing you with the highest quality representation at an affordable price.


We are not just your lawyers but also your advocates. We understand that you must go to court, and we will help you do it with dignity and respect. At Nussbaum Family Law, we believe in being fair and honest with our clients. We will never overcharge or take advantage of any situation. 

We’re dedicated to providing our clients with the highest level of service possible, regardless of the outcome. We will be with you every step, from initial consultation to arbitration and case adjudication. 


We can help you navigate the ins and outs of the legal system in your area. This will make it seamless for us to manage the case on your behalf. When you need a lawyer to help you navigate the complicated legal system, reach out to Nussbaum Law.

We are a local law firm serving clients in the Ottawa area. We offer various legal services to our clients, such as divorce, domestic contracts, property division, child custody, and alimony. We’re here to help settle childcare and family law issues.


Nussbaum Law is a firm that believes in the power of the law to help people. Our lawyers are advocates committed to seeing every client they take on succeed. We work hard to ensure they get the best possible result in each case.

We look forward to helping you through your divorce process. Together, we can seamlessly present your case in family court.

Featured in the DivorceMag.Com

Barry Nussbaum gives tips on how to move away from an ex with a child in your custody.

“Sole custody doesn’t automatically give you mobility rights, so it may not be as straightforward as you think, particularly where the other parent has access rights. Consider these legal facts before you move.” 

 – Barry Nussbaum

Read it here


I highly recommend Barry; he is a very good listener and genuinely wants the best outcome for you. His team is professional, responsive, and knowledgeable. They are a hardworking team of lawyers and law clerks. They handled my matter in a timely matter, and I would highly recommend them.

Natasha Durgapersaud 

Overview of Divorce Law in Ottawa

You probably feel confused and stressed when looking for a divorce lawyer, unsure about how to find a good one. The truth is that choosing a divorce lawyer is just as important as choosing an accountant or business planner. You need one who is an expert in handling family law issues. 

The lawyer who helps you through this process can help you take control of your life and settle outstanding issues. It’s also vital that they have experience with cases like yours. They must be well-versed in litigations involving family property and real estate, domestic contracts, and collaborative family law. You must find the right one for your situation. 

The laws and statutes applicable to divorce cases in Ottawa are the following: 


Divorce Lawyer In Ottawa

We at Nussbaum Law are well-experienced in the application of all these laws. We’ve helped numerous clients secure court orders granting their divorce. We can make this happen for you, too. 

We also understand how difficult this time can be for you. These are the reasons why we’re most qualified to help!


Many people get married without understanding the legal implications of the union. It is essential to understand what marriage means for you and your spouse. You should also know what divorce entails.

You should consult a divorce lawyer in Ottawa to end your marriage. You must understand how this will impact your situation. A lawyer can help explain how a divorce will affect both parties’ finances. It will also affect child custody and property ownership.

Your lawyer will advocate for you to reach an equitable agreement with your spouse. If court intervention is necessary, then your lawyer will represent you there.


Spouses separate when one or both decide their marriage is not working out and reconciliation is impossible. However, separation is also a prerequisite to divorce to establish the breakdown of a marriage. 

A one-year separation is mandatory under the Divorce Act for no-fault divorce. However, spouses may continue living under one roof. The only requirement is they live “separate and apart,” meaning they’re living independent lives in a “shared common accommodation.” 

There are no legal formalities spouses must go through to be considered separated. As long as spouses meet the abovementioned threshold, they can enter into a separation agreement. This agreement contains the couple’s mutual decision on settling issues related to their separation. 

You can contact Nussbaum Law to help prepare your separation agreement.


After the couple lives separately for a year, either can file a petition for a divorce to the courts. The law doesn’t require both parties’ consent for the court to adjudicate on the divorce case. According to the Divorce Act, the breakdown of the marriage is the sole ground of divorce. 

You can prove a broken marriage with any of the following circumstances

  • The couple has been living separately for at least one year.
  • One spouse is mentally or physically cruel to the other.
  • One or both spouses have committed adultery. 

Before the court grants a divorce decree, it will ensure the following: 

  • Reconciliation is not possible.
  • The spouses have made reasonable arrangements for child support.
Divorce Lawyer In Ottawa

Suppose the child support arrangements are undecided or the court deems them inadequate. In that case, the court will withhold the divorce order until the spouses make acceptable arrangements for their children.

As a general rule, the divorce process involves filing forms and submission of certain documents to the court. No court attendance or hearing would occur except when the other spouse contests the terms of the divorce.



The word “custody” is neither defined nor explained by the Children’s Law Reform Act or the Divorce Act. However, the law generally provides that both parents should have “custody” of their children. 

Since the definition of “custody” is unclear, the courts defined it in case laws as “parental decision-making.” These are the right of parents to be involved in their kids’ religion, health, and education. 

Sole custody means complete control of one parent over such matters. In this case, the custodial parent will decide, while the “access parent” will only have visitation rights. 

When child custody cases go to court, the judge makes rulings based on the “child’s best interest” doctrine.


If you’re the recipient or payor of spousal support, the court considers essential factors to determine the amount of support. These include the following: 

  • Length of cohabitation or marriage
  • Parties’ ages
  • Parties’ incomes
  • Roles and responsibilities in the relationship
  • Partners’ financial situations
  • Number of children of the marriage
  • Special needs or illnesses that make either party incapable or inefficient
Divorce Lawyer In Ottawa

Regarding child support, the Federal Child Support Guidelines specify the mandatory amounts per province and territory. The calculation considers the spouses’ incomes and the number of children. You can find the table for Ontario here.


Dividing assets between divorced couples in Ottawa employs the equalization scheme under the Family Law ActSection 5(1) states that the spouses shall receive half of any increase in the value of all marital assets. There are exceptions, such as compensation received from a personal injury claim and gifted property.

How Can a Divorce Lawyer Help You?

If you’re contemplating divorce, you may wonder how a divorce lawyer can help. Divorce is not just a legal matter; it is an emotional one that requires careful handling. 

Hiring a divorce lawyer can be particularly helpful in a contested divorce where you must go to court. A lawyer can protect your rights and ensure the best interests of your children are served.

A divorce lawyer can help with many aspects of the process.


A lawyer can help you understand divorce’s legal and practical issues and consequences. 

A divorce lawyer will help you understand the grounds for divorce and your options. This includes whether you should file for divorce or attempt mediation first. You’ll also get help with legal issues during the divorce, such as custody disputes or property division.

They can explain how courts work and how to prepare for your case. They can handle the documentary requirements and file paperwork with the court.


When you’re going through a divorce, there are many things to keep in mind. This is a situation that will affect your finances and your children. Hence, it’s essential to consider how each decision will affect them.

Divorce lawyers in Ottawa can offer objective advice on legal issues like child custody and property division. A divorce lawyer can advise how to handle these situations to enable you to follow the right path for yourself and your family.


Property division is the process of apportioning assets and liabilities of your marriage equitably. This can include everything from furniture, cars, pets, and houses to credit card debt and student loans. A divorce lawyer can help you understand what assets are marital property and which are not.

In many cases, provincial or territorial laws determine property division. However, spouses may also set the terms in prenuptial agreements or other domestic contracts.

In Ottawa, all assets bought and acquired during the marriage are marital property. However, it’s not just the value of these combined assets that are considered the basis of the property division. Instead, the interests accrued plus the principal cost of the property should be divided equally by the couple.

While this may seem easy to do, there will be instances that could complicate the issue. In any case, your lawyer will ensure you receive a fair share of those assets and share responsibility for liabilities.

Divorce Stats in Canada


It is critical to know the value of all your assets and debts. Your lawyer can put together a list of your marriage’s capital, obligations, and other financial elements. These include mortgages, credit card balances, and cash in banks. After which, they can help you divide them equitably.

A divorce lawyer can help determine the value of marital assets, so you understand what is yours. They can also work with you to decide which assets to sell or liquidate to cover outstanding debts. Lawyers can also assist in determining what kind of financial support you should get or give according to the law.


If you plan to file for a divorce, you may be concerned about what will happen to the debts of the marriage. Will you be stuck paying off the mortgage on your house? Will your partner’s student loan debt come back to haunt you?

A divorce lawyer can help you devise a plan to split up your debts and repay them. They can also advise whether keeping certain assets and debts in joint names is wise.

They can help you negotiate with your other party in the divorce. Lawyers can advise you on how much you should pay each month if you get into debt restructuring. A divorce lawyer can even help you apply for bankruptcy as an alternative to paying off debt.


Spousal support is not automatic in Canada. A spouse may apply for spousal support if they meet the conditions under Section 15.2 of the Divorce Act. Generally, it favours applications where the spouse can show the marriage prevented or curtailed their income-generating opportunities. 

Depending on the circumstances, the court may grant the application before or after a divorce. It can pay for living expenses, health insurance premiums, and other necessities.

If you need help determining spousal support, a lawyer can help you understand what factors determine whether or not you qualify for this type of payment. These include the following: 

  • Your spouse’s income
  • Your income
  • The length of the marriage
  • Any other sources of income

An experienced divorce lawyer will set your expectations on the amount of spousal support you may receive or give.

Divorce Lawyer In Ottawa


Divorce can be difficult for anyone involved, but it can be especially difficult for children. A good divorce lawyer in Ottawa will help you and your spouse devise a custody and visitation plan. This will ensure that the divorce proceedings don’t negatively impact your children.

A custody agreement between you and your ex-spouse determines where and how to raise your children. The court will not make a custody determination on its own. Instead, it will review the terms of the custody agreement you have negotiated with your spouse. 

If the court deems that the terms of your custody agreement are fair, it will approve them. If not, it may modify them or reject them altogether. It would be ideal to have a lawyer draft this agreement. A lawyer is vital if you and your spouse cannot agree.

A divorce lawyer will ensure the protection and care of your children during this stressful time. Seek someone with experience working with children and families.


A divorce lawyer can prepare the necessary documents. Divorce papers typically include the following:

  • An affidavit of disclosure
  • Lists of assets and liabilities
  • A petition for dissolution of marriage

The divorce papers will also provide instructions for filing with the court.

If you plan to file for divorce, you must know where and what to file. The divorce application forms are available in some jurisdictions from bookstores or courts. In others, you’ll need to download it from the website of the territorial or provincial Attorney General or Ministry of Justice. 

The forms typically include sections that outline how you want to divide your property. They also have the following: 

  • Whether or not you want spousal support, also known as alimony
  • Whether or not you want custody of your children

They can also help you with any other legal issues that might arise during divorce. This includes child support or child custody issues.


A lawyer can assist in identifying assets and liabilities. These include any debts or other obligations incurred because of the divorce. They can also help you understand your rights regarding alimony, child custody and support, property division, and related issues.

A divorce lawyer can help you manage the stress of divorce. They do this by providing legal advice on handling emotionally tricky situations. For example, suppose there are disagreements about property division or child custody. A lawyer can guide you through the process and offer advice about how to proceed with your case.


Divorce lawyers help their clients by representing them in court during the divorce or other legal proceedings about divorce. These include child custody, child support, and spousal support issues.

They can also help you understand your rights. They ensure you get what you deserve from your divorce settlement or trial.


Contact a Divorce Lawyer from Nussbaum Law Today

Nussbaum Law will fight for your rights in divorce!

If you’re going through a divorce, it’s an emotional time. You might be worried about how to take care of yourself, your kids, and your finances. You should figure out where to start when negotiating the terms of your divorce settlement.

Hiring a lawyer is the best way to get through this challenging time. Your lawyer can help you determine your options and negotiate the terms of your divorce settlement. You can decide which path provides the best outcomes for you and your family.

It helps to have a reliable and strong ally to fight for your rights. Nussbaum Law has helped thousands of people with their divorce cases, and we would be happy to help you. Call us for a free case evaluation.

FAQs on Divorce Lawyers Ottawa

A divorce lawyer should give you a cost estimate of your case before you hire them. You need to know this to avoid surprises and headaches down the road. Here’s a rough estimate of the lawyer’s fees and other costs for a divorce case in Ottawa: 

  • Cases that won’t proceed to court for litigation could cost you 10,000 or more. 
  • Cases that go on to court could cost you between $10,000 to $25,000. 
  • Cases requiring extensive litigation could cost you as much as $50,000. 

Basic court fees in Ontario include the following:

  • Filing: $202 
  • Divorce Proceeding Registration: $10
  • Setting the hearing date: $420

Simple divorce cases with property division and custody hearings would take at least four to six months. However, complicated and contested divorces take longer.

Yes, filing a joint divorce is allowed in Ottawa. In this case, both parties must agree to all the issues related to the divorce. You and your spouse can file for this kind of divorce if you satisfy the following requisites: 

  • You agree on all the divorce-related issues.
  • You must have a separation agreement.
  • You agree to be designated as “joint applicants” in the paperwork you will file.
  • You agree to cooperate all through the divorce process.
  • You apply for divorce based on the one-year separation rule.

While both spouses are called applicants, the designation of one party is “applicant,” and the other is “co-applicant.” Though it doesn’t matter which spouse assumes which role, the designation must be consistent in all documents.