On average, the duration of a marriage is 14 years.
When you get married, the hope is usually that it will be forever. Unfortunately, forever for about 40% of married couples is a lot shorter. Realizing that separation or divorce is your best option can be devastating and significantly change your life.
Mississauga divorce lawyers of Nussbaum Family Law can support you through these difficult times. We can guide you on your options and protect your legal rights regarding your children, property, and assets.
We have an entire team of experts and other resources to help you make the most of a stressful situation. Working with us means you get the best legal advice for your benefit. We are here for you in Mississauga, the GTA, Toronto, Brampton, and Oakville.
51% of divorce cases in Canada are contested. Are you in the majority?
You might think that you and your spouse can work out your issues on your own without the benefit of legal advice. The fact is separation and divorce involve many moving parts, most of which are subject to family law requirements.
For example, you and your spouse have equal rights to the matrimonial home. Even if you owned the house before marriage, your spouse could apply for possession.
In Ontario, child support and parenting arrangements must comply with the provisions of the Children’s Reform Act. Otherwise, the family court may reject your agreement for not being in the best interest of the child.
Additionally, you may find that you or your spouse might not agree on everything. Neither you nor your spouse may completely appreciate the impact of separation or divorce on your lives. What starts as an uncontested divorce may eventually evolve into a contested one.
It helps if you have a separation agreement. Even then, it may be overturned upon application by you or your spouse. In other words, a family lawyer brought in from the start can help you avoid costly delays and disputes in your divorce.
Meet your Mississauga Divorce Lawyers
Featured on the Toronto Sun
“The Internet is a powerful tool that can help in the course of a divorce, but it can also drastically interfere with the process.”– Barry Nussbaum
Read more about the role of the Internet in divorce here.
Why You Need a Divorce Lawyer in Mississauga
Choosing the right Mississauga divorce lawyer is crucial. You can avoid many common pitfalls of getting no or inappropriate legal advice. At Nussbaum Family Law, we have years of experience dealing with Ontario divorce cases, so we know what we’re doing.
When you contact us the first time, we provide a free consultation to find out your circumstances so we can provide you with options. We might recommend creating a separation agreement that can help ease the friction between spouses. In many cases, mediation or arbitration is the appropriate course of action, and we will be happy to assist you. Reconciliation is also on the table more often than you might think.
Family court is always an option, of course, but we try to avoid going to the expense of a trial. We aim to make the divorce proceedings as stress-free and cost-effective as possible for you.
Each divorce case is unique because no two families are exactly alike. Our policy is always to give you honest, straightforward talk about the strengths and weaknesses of your case. The final course of action will still depend on you, but you will be making an informed decision.
If you decide to go with a divorce, our team of Ontario divorce lawyers will be there for you. Whether you are in Mississauga, GTA, or Oakley, we will do our utmost to protect your interests. We will negotiate a fair settlement of your parenting arrangements, division of property, and support obligations. When necessary, we will provide you with the best legal representation in court.
Establish grounds for divorce
Incompatibility is a no-fault ground for divorce in Ontario. You may no longer love each other or find it impossible to live together. In such cases, you need proof you have been living “separate and apart” for one year to apply for divorce. We can help you do that by creating a separation agreement that establishes the date of separation.
Other grounds for divorce include infidelity and abuse. You can apply for divorce immediately under these circumstances. The one-year separation rule does not apply. However, you need evidence proving that infidelity or abuse occurred. At Nussbaum Family Law, we have the resources to help you obtain such evidence. In domestic abuse cases, you need an experienced child custody lawyer on your side to make sure your children are safe.
Keep costs to a minimum
Divorce proceedings are often complex, so self-representation is not a great idea. You could end up giving up your rights to your children and family assets because you don’t know the law.
Most people know they need a lawyer but hesitate to hire one because of high legal fees. It’s a common belief that divorce lawyers like to pile on the billable hours, and it’s justified in most cases. However, Nussbaum Family Law believes everyone deserves affordable legal representation. The Ontario Court of Justice agrees, which is why they provide a guide for hiring a lawyer.
Legal aid is the best option for cost-effective legal advice. However, not everyone will qualify for legal aid, and definitely not for a divorce trial or any other court cases.
You can get a referral through the Law Society Referral Service at the Law Society of Ontario. The Society provides essential information about lawyers in Mississauga, the GTA, and other areas of Ontario. For example, you will find that Barry Nussbaum has no restrictions on his practice. He also has a Class L1 license, meaning he is entitled to practice law in Ontario.
However, a referral from the Law Society of Ontario does not guarantee affordability. Before committing to a divorce lawyer in Mississauga, find out if they subscribe to Collaborative Family Law (CFL). CFL aims to resolve disputes in divorce or separation outside the court fairly. If they do, it is a good indication the law firm will do its best to keep legal fees to a minimum.
Understand Your Rights
When you meet with your divorce lawyer in Mississauga for the first time, the first thing we do is give you an overview of your legal situation. You will come to understand what divorce laws require and how they can work in your favor.
A good family law lawyer should be able to explain complex legal concepts in everyday language. Legal matters will become understandable and even common sense.
At Nussbaum Family Law, we pride ourselves on our friendly and no-nonsense approach to legal services for all our clients. When you work with our lawyers, you will understand your rights in family law issues and learn to fight for them.
Family Law Services by Nussbaum Family Law Divorce Lawyers
Our team of family law lawyers at Nussbaum Family Law has years of experience in several practice areas. Find out what our Mississauga divorce lawyers can do for you.
Ontario law requires a one-year separation period before you can apply for a no-fault divorce. Nussbaum Family Law lawyers can help you draft, review, and file a separation agreement to establish the date and terms of your separation.
While a separation agreement is not a requirement for a divorce, it can pave the way for an uncontested divorce. A legally compliant separation agreement contains most, if not all, of the issues that come up in a divorce trial. That means you will not need to go to court for your divorce. That means saving a lot of money in court and legal fees.
Of course, not all cases are the same. Our divorce lawyers have handled many cases where the spouses cannot agree on most things about their separation. When that happens, we will be ready. We will protect your rights to your property and children in mediation, arbitration, or court.
Child custody cases are often the subject of most conflict and tension among separating couples. Factors that affect these cases include the age of the children, their current living situations, and their preferences.
We handle child custody cases, resolving issues through negotiations or family court. Either way, we set your expectations based on your circumstances. Family court judges tend to favour parenting arrangements that serve the best interest of the child. If your wishes make a child’s situation untenable, we will advise you to compromise. We can help you create a parenting plan that you, your spouse, and the family court can accept.
Division of Property
Your net worth as a couple is sometimes tricky. Division of property is often time-consuming and one of the most critical aspects of a divorce order. Ontario law requires the equalization of the difference between your individual net family properties (NFP) at the time of separation. While the formula might sound simple, it takes an experienced lawyer to guide you through the calculations. Working with a Nussbaum Family Law divorce lawyer ensures no one takes advantage of you. You can meet your obligations while protecting your rights.
Children of a marriage should be able to expect continuity in their lifestyle when their parents separate or divorce. Your role as a parent is to ensure you meet your support obligations to your children.
The Ontario Child Support Guidelines determine the proper amount of child support based on several factors. These include the number of children, parents’ annual income, custody agreement, and any special or extraordinary expenses.
Nussbaum Family Law in Ontario specializes in child support cases. We can ensure the child’s primary caregiver receives adequate financial support from the other parent based on the law. If you are the paying parent, we can confirm your payments are reasonable and fair. You should not need to sacrifice your financial stability or overpay for Section 7 expenses.
Spousal support or alimony in Ontario is a complex area of family law. Spousal support often becomes an issue when there is a significant disparity in the spouses’ incomes. The reason is usually due to one spouse giving up a career to care for the home and children. The support helps the receiving spouse maintain their lifestyle after separation and divorce.
However, there are no laws regulating spousal support in Ontario. Family courts refer to Spousal Support Advisory Guidelines to determine the appropriate amount and length of spousal support. Since these are guidelines, it is up for negotiations.
We use the same guidelines to help you understand what is reasonable when it comes to spousal support. Whether you are giving or receiving it, we can ensure you receive a fair deal without going to court. If it comes to a court trial, we can defend your stand to a family court judge and win your case.
Ontario has recognized the legal rights of same-sex couples as equivalent to opposite-sex spouses since 2003. When it comes to same-sex divorce or separation, there are no special laws. They follow the same rules regarding division of property, spousal support, and so on. As veteran family law lawyers, Nussbaum Family Law is ready to advocate for same-sex couples with vigour and determination.
Consult with a Nussbaum Family Law Divorce Lawyer in Mississauga
Divorce can be messy, but you can avoid that by understanding your rights and making reasonable demands. An experienced Mississauga divorce lawyer can help you through this difficult time with a smile. Nussbaum Family Law specializes in the most critical areas of family law, and we like to save our clients time and money. With that combination, you can’t lose.
Contact us online and schedule a free evaluation of your case.
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FAQs on Divorce Lawyer in Mississauga
Do I need to value my pension for a divorce?
Yes, it is part of the financial disclosure process. You need to get a Family Law pension valuation from your employer, specifying it is for family law purposes. Note that this is not the same as your regular statement. The valuation may take a few months, so make sure you request it from your HR department in advance.
What happens to the matrimonial home in a divorce in Ontario?
Part 2 Section 19 of Ontario’s Family Law Act states that both spouses have equal rights to the matrimonial home. The easiest way to divide the property is to sell it. In most cases, one spouse buys out the other spouse’s rights to the property or sells it to a third party and divides the proceeds. In some cases, one spouse may waive their rights to the matrimonial home in a separation agreement.
How much does a divorce cost in Ontario?
The costs depend on the case and the law firm. According to a 2021 survey of law firms, the average cost is $1,439 for an uncontested divorce. A contested divorce in Ontario costs an average of $23,278. An uncontested divorce may or may not involve a separation agreement. In most cases, a contested divorce is more expensive because it involves court litigation.