Vaughan Family and Divorce Lawyer

The case review is free. A member of our team looks at your situation and tells you whether we can help, but it isn't legal advice. A consultation with a lawyer is paid. After that, most work is billed by the hour, at $290 to $500 depending on the lawyer, and the total depends mostly on whether you settle or go to court. Some work has a fixed price: $3,100 + HST for a separation or cohabitation agreement when you've both shared your finances and agreed on the terms, $2,500 + HST for a marriage contract, and $2,500 + HST for an uncontested divorce, plus court and government filing fees.

The Newmarket Courthouse at 50 Eagle Street West. York Region has one family court, the Family Court of the Superior Court of Justice, and it can hear every kind of family case. That means your divorce, property, parenting and support issues are all handled by the same court.

For a divorce based on separation, you can apply once you've separated, but a judge can only grant the divorce after you've lived apart for at least one year, and one of you must have lived in Ontario for at least a year before applying. If you have children, the judge also has to be satisfied that reasonable child support arrangements are in place. How long the court takes to process the application varies, and the divorce usually takes effect 31 days after the judge grants it. If your spouse doesn't oppose it, Nussbaum Law's flat fee for an uncontested divorce is $2,500 + HST; court and government filing fees are separate.

The law no longer uses the word custody. It talks about parenting time, meaning when the child is with each parent, and decision-making responsibility, meaning who makes major decisions about school, health and religion. Both are decided by what's best for the child, and the child's safety and well-being come first. There is no automatic 50/50 split. The law says a child should have as much time with each parent as is in the child's best interests. Parents can agree on a schedule themselves. If you can't, we can ask the court to set one.

It starts with a government table. The monthly amount depends on the paying parent's income and the number of children, and different rules apply if each parent has the children at least 40% of the time. Extra costs, like daycare, medical bills or some activities, are usually shared based on each parent's income. If the other parent's real income is unclear, for example because they're self-employed, we work out what it should be before the amount is set.

No. Married spouses usually split equally the value of what they gained during the marriage, after debts. Gifts and inheritances are usually left out, and special rules apply to the family home. The result is normally one payment from one spouse to the other. Common-law partners don't share property this way: each keeps what's in their own name, and anything you own together is shared. But if you helped pay for property your partner owns, such as a house, you may be able to claim part of its value. A cohabitation or separation agreement can settle this in writing.

Legal Aid Ontario may pay for a lawyer if your family's income is below its limits. On your court date, duty counsel lawyers at the Newmarket courthouse can help you that day, but they can't take on your whole case. The courthouse also has a Family Law Information Centre, which explains the process for free but doesn't give legal advice. If we take your case, we'll explain the retainer and the first steps before any work starts.