VAUGHAN FAMILY & DIVORCE LAWYER

Looking for a family or divorce law lawyer in Vaughan?

We are a friendly and approachable firm of family lawyers in Ontario. We will listen to your concerns with all the empathy you need in emotionally stressful situations. We find solutions that are in your and your family’s best interest.

Vaughan Family & Divorce Lawyer
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VAUGHAN HAD A POPULATION OF 269,815 (15 AND OVER) IN 2021

60.3% were married or living common law

39.7% never married or lived common law, and 4% were divorced (Statistics Canada)

Family law encompasses all the legal aspects regarding marital status, children, and family relationships. These include separation agreements, spousal support, child custody, and more in the York Region and Greater Toronto Area.

If you have a legal family dispute in Vaughan, Nussbaum Family Law can help you resolve them quickly and affordably.

Why Nussbaum Law?

Marriage, divorce, separation, child custody, division of property, and support issues are highly personal issues. Divorce and family law lawyers should be sensitive to that while providing objective legal advice and guidance. At Nussbaum Law, you can be sure that your case is in good hands.

REASONABLE FEES

Family law is complex, but we believe everyone has a right to affordable legal advice and representation. We seek to keep fees to a minimum when resolving family law cases.

LOCAL LAW FIRM

We have an extensive law practice in Ontario, including in Vaughan. Our lawyers have an intimate knowledge of Ontario family laws that can help you achieve a desirable outcome in any case.

EMPATHY AND UNDERSTANDING

Talking to an outsider about the most intimate details of your family life can be devastating. Our team of family law lawyers are great listeners and will never judge you.

STAUNCH ADVOCATES

We will support you all the way, striving to mediate while preparing to do legal battles when necessary. We aim to resolve conflicts as quickly and stress-free as possible.

Meet our team of Divorce & Family Lawyers at Vaughan

Sarah Dingwell

Associate Lawyer

Barry Nussbaum

Owner, Senior Lawyer

Shmuel Stern

of Counsel

Jessica Cohen

Associate Lawyer

Jotty Gill

Associate Lawyer

Afras Khattak

Associate Lawyer

Jonathan Korman

Associate Lawyer

Featured in the Toronto Sun

Barry Nussbaum gives divorcing couples tips about social media use.

“Going through a separation is hard enough – the last thing you need is to do something wrong by relying on the Internet for a ‘Do-It-Yourself’ divorce or airing your dirty laundry, both of which may come back to haunt you later.” 

– Barry Nussbaum

Read all about it here.  

Testimonials

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Ari is absolutely brilliant, willing to listen, keeping an open mind and guiding you in a direction in your best interests. Even when I doubted, he took the time to elaborate with patience and modified the agreement based on my concerns. Julia, amazing work. Totally recognize and appreciate everything these two did. Definitely recommend Ari and Julia! Not only are they cheaper than private practice lawyer, but they are so much more organized, reliable and confident. In the end?? My ex went for a settlement AND he’s hardly one to settle. THAT’S how good they are!!! Thank you immensely, Ari and Julia. Totally recommending you to anyone who may need it in the future.

Taz
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Find a Divorce & Family Lawyer in Vaughan.

Overview of Divorce & Family Law in Vaughan

Wondering what legal services might fall under family law in Vaughan? Marriage and divorce would fall under federal jurisdiction, but most issues related to them fall under provincial law. For example, a divorcing couple in Vaughan is subject to the federal Divorce Actbut property division falls under Ontario’s Family Law Act.  

However, family law, especially divorce law is complex. It involves more than marriage and divorce. It addresses issues such as adoption, illegitimacy, wills and estates, common law relationships, and domestic contracts.

Because family matters significantly impact your life as an individual, you don’t want to take any chances. You need an experienced Vaughan family law lawyer to protect your legal rights in family law issues.

Get started with just a click.

MARRIAGE

Getting married is an exciting event, but there are legal requirements to do it in Vaughan. You must obtain a marriage licence and an authorized person to perform the ceremony. It could be an appointed municipal delegate or clerk at Vaughan City Hall. Alternatively, you can have an Ontario judge or Service Ontario-authorized religious official do it.

You must go to the Vaughan City Hall in person to get the licence. You and your spouse must be 16 or older. If you are below 18, you need written consent from your legal guardian. The form is available at the Office of the City Clerk.

When you get there, you can book a 30-minute appointment and pay $180.70 by debit, Mastercard, or Visa card. Make sure you bring a completed and signed Marriage Licence Application form and two valid and original government-issued IDs.

Vaughan Family & Divorce Lawyer

You must also bring a court-certified Annulment Order or Certificate of Divorce when applicable. A divorce judgment or order is not acceptable. If your marriage ended in the death of your spouse, you must present a death certificate.

However, if you obtained an annulment or divorce outside Canada, you need an authorization letter. Find out what you need from the Service Ontario site. The process may take up to four weeks.

If you plan a civil marriage, schedule the ceremony in advance through [email protected] or 905-832-8504. The fee is $446.35 during business hours, including HST.

If you or your spouse does not speak English, you must bring an interpreter for the ceremony. The interpreter must complete a certificate.

You can get the Civil Ceremony Information Package to plan your wedding. When reciting custom vows, you must include mandatory declarations under Section 24(3) of the Ontario Marriage Act.

ANNULMENT

Annulments in Ontario are rare because they require precise grounds. It typically relates to a legal defect in the ceremony or the incapacity of one of the spouses. 

Vaughan Family & Divorce Lawyer

These include the following situations at the time of the marriage ceremony:

  1. Bigamy
  2. One of the spouses is under 18 without the written consent of a legal guardian
  3. Fraud or duress
  4. Lack of mental capacity
  5. Intoxication during the ceremony and unable to give consent
  6. Spouses are too closely-related by adoption or blood
  7. Refusal to consummate the marriage without prior agreement

While an annulment legally ends a marriage, it is not the same as a divorce. An annulment means the marriage was never legal in the first place. However, an annulment may still carry support and property division obligations under the Family Law Act.

However, proving incapacity can be tricky, especially since there is no time requirement for applying for an annulment. Because of the complexities surrounding the annulment process in Ontario, you should consult with a family law lawyer in Vaughan.

SEPARATION AND DIVORCE

Getting a divorce in Vaughan follows the same law as anywhere else in Canada based on the Divorce Act. The only basis is a marriage breakdown due to mental or physical cruelty, adultery, or separation.

Spouses that use separation as the reason for divorce must have lived apart for at least one year before the divorce judgment. In most cases, a separation agreement can smooth many of the attendant legal issues.

A separation agreement is not necessary for divorce. However, a domestic contract is legally binding when properly executed by a family law lawyer.

Your separation agreement can set down the terms for property division, including those for pets. The contract can also specify spousal and child support, decision-making responsibilities, and parenting time. However, it may not limit rights to the matrimonial home of either spouse.

Vaughan Family & Divorce Lawyer

You can dissolve your marriage in one of three types of divorce applications, with or without a separation agreement. A contested divorce typically takes longer to resolve than an uncontested one and takes a lot of legal back and forth. Hiring an experienced divorce lawyer in Vaughan to advocate for you would be prudent.

Child Custody

CHILD CUSTODY

The issue of deciding what happens to the children during separation and after divorce is often contentious. Most parents would like to do what’s best for their children, but differences in opinion can cloud their decisions.

You may encounter the following terms of the Divorce Act:

  1. Parenting time (formerly “access”) – time a child spends with one parent based on a schedule
  2. Shared parenting time (formerly “shared custody”) – applies in the context of child support for a child who spends at least 40% of their time with each parent
  3. Split parenting time (formerly “split custody”) – relevant for child support; applies when there is more than one child, and each parent has over 60% of parenting time with at least one child
  4. Decision-making responsibility – may be sole or joint; refers to the duty of a parent to make critical choices for a child’s education, health, religion, culture, and other significant decisions
  1. Parenting order – parenting arrangement details issued by a court, including decision-making responsibilities and parenting time
  2. Parenting plan – arrangement made by parents not living together focusing on the care of children and making decisions in their best interests
  3. Contact – court-mandated time of a non-parent, such as a grandparent, with a child if it is in their best interests

You can avoid conflict by making a parenting arrangement on where the children will live and decision-making responsibilities. If you or your spouse cannot agree, the court will decide for you according to the Divorce Act.

The Ontario Family Law Act makes no separate provisions for child custody. You need a child custody lawyer to ensure everything’s enforceable under Canadian and Ontario law.

SPOUSAL AND CHILD SUPPORT

The terms of child support follow the Federal Support Guidelines under the Divorce Act based on income. The specified schedule is according to province. For example, Ontario starts at 4.1% for income over 12000 but not more than 12999. In British Columbia, support starts at 3.9%.

Child and Spousal Support

The Divorce Act also has provisions for spousal support. A spouse may be entitled to support during the marriage:

  1. The spouse gave up the ability to earn a living
  2. The spouse is responsible for the care of the children that exceed the amount of child support
  3. The spouse is in financial need due to separation or divorce

Factors that affect the amount of support include the following:

  1. Financial needs and means of the spouses
  2. Length of the marriage or cohabitation
  3. Roles of the spouses in the union and the effects on their current financial situations
  4. Responsibilities and care of children
  5. Previous legal arrangements and orders for spousal support

However, unlike Federal Support Guidelines, the terms of the Spousal Support Advisory Guidelines is not mandatory. Spousal support varies case-to-case basis, and you might find it challenging to understand the guidelines. An experienced family law lawyer can help you understand child and spousal support rights.

Division of Property

DIVISION OF PROPERTY

Most believe that the assets and property acquired are split evenly between the spouses or partners when the relationship ends. However, that is not always the case.

In Ontario, a common-law couple does not have the same division of property rights as a married couple. Essentially, you get out of the relationship what you brought into it. If you contributed to the purchase of property under your partner’s name, you might have some rights to it. However, you may need to go to court for that unless you have a cohabitation agreement regarding the matter.

The case is different for married couples. A married couple in Vaughan going through separation or divorce typically has equal rights to property acquired during the marriage. This would apply to the matrimonial home even if you owned it before the wedding.

However, Ontario law specifies excepted property. These include property you owed before the marriage (aside from the matrimonial home), insurance money, and personal injury damages. If you have a domestic contract regarding the division of property, the terms become enforceable when you apply for divorce.

A DIVORCE AND FAMILY LAW LAWYER CAN PROTECT YOUR RIGHTS TO THE MAXIMUM EXTENT OF THE LAW.

How Can a Family Law Lawyer Help You?

Lawyers come in many flavours, and most have some knowledge of different branches of the legal profession. They can handle basic legal tasks for personal injury, tax, or real estate cases.

However, most lawyers specialize in one aspect of the law. Divorce & Family law lawyers in Vaughan have intimate and profound experience in the complex world of family law. When you have an issue with your family and marriage, you want a specialist.

PROVIDES OBJECTIVE LEGAL ADVICE

Family law is complex. Even if you read all the online resources about family law in Vaughan or Mississauga, you will miss some critical aspects of your case. It would also be a mistake to rely on the advice of family and friends, as each case is unique. Furthermore, their personal biases will likely colour any insight they give you. A family law lawyer from Nussbaum Law is your fount of legal wisdom in the communities of Maple, Woodbridge, or Concord in Vaughan. They are experts and have an intimate knowledge of the law and similar cases at their fingertips. They can give you objective legal advice for any family issue you may have. If you want to make an informed decision in your situation, do not hesitate to consult with experienced family law lawyers. Usually, your initial consultation is free, so don’t worry about the expense. With Nussbaum Law, you can be sure you will get the best and most affordable legal advice in Ontario.

OFFER ADVOCACY AND PROTECTION

When dealing with highly stressful and emotional family situations, you need someone clear and calm to keep you on track. A divorce and family law lawyer knows how to protect your legal rights and advocate for you without losing objectivity. For example, when faced with a child custody battle, you and your spouse might sink to the level of name-calling. You accomplish nothing but make matters worse. It is pretty easy to get off track with your goals when facing off with your spouse and other family members. Your lawyer can keep you on track and build a strong case before a judge if you come to court. They aim to help you achieve a desirable outcome while minimizing the drama.

REPRESENTATION IN COURT

The family law firm of Nussbaum Law tries to avoid a trial in separation or divorce cases because of the costs. A case that goes before a court involves a lot of paperwork and procedures. It can draw the case out over an extended period, and time is money. However, if you cannot settle your differences with your spouse on your own, going to court is the only solution. In that case, our family law lawyers can help guide you through the process and assist you with the paperwork. More importantly, your lawyer can go before the Superior Court of Justice judge and present a strong case for you. An experienced lawyer can help you achieve a desirable outcome for your family crisis.

FILING OF LEGAL DOCUMENTS

Contrary to what you see in movies or on television, going to court is not an exciting event. The process is long and mostly dull but requires the closest attention of an experienced lawyer. Making a mistake with the documentation can significantly impact your case. Most of the work happens behind the scenes, involving submitting many documents and motions. By the time a case goes before the judge, the paperwork may have achieved epic proportions. A family law lawyer takes care of most of these procedures and keeps track of all the documents for you. The competence and experience of the lawyer can spell the difference between a lopsided and fair divorce or separation terms. You need a Nussbaum Law family lawyer to find an equitable solution to your family crisis.

COMMUNICATION WITH OTHER PARTIES

One of the most challenging aspects of the divorce process for spouses at outs is the conferences. The point of a conference is to find common ground and settle family law matters. While a lawyer is not necessary for these conferences, you should have one to advise you. The lawyer can also instruct you on what to say to the judge during the conference.

Aside from being at your side in case conferences, your lawyer supplies the required documents to the other parties. The lawyer also assesses the documents sent to you to ensure you have all the necessary information.

A family law lawyer is especially critical during case conferences that involve financial arrangements. Each party must provide complete and accurate financial statements and documents in these cases. Your lawyer can assess if the other party is acting in good faith. Finally, you can rely on your family law firm to make any motions and appeals as applicable based on the evidence.

Contact a Vaughan Family Law Lawyer from Nussbaum Law Today

NUSSBAUM LAW IS A LAW FIRM WITH YOUR BEST INTERESTS AT HEART!

Family law tends to be complex because of the many dynamics in play. Further complicating the matter is the emotional nature of many family situations. You need an objective but empathetic family law lawyer guiding you to the best outcome for any case you face. If you are in Vaughan, York Region, BramptonMississauga, or any other area in Ontario, Nussbaum Law is your best option.

We are a local law office specializing in the many issues associated with family law. These include negotiating property, real estate division, and child custody in a contested and uncontested divorce.

Call us if you need help with domestic contracts, pensions, family property, and other family law services in Ontario. The Vaughan family law lawyers at Nussbaum Law have years of experience in those and other family matters.

FAQS ON VAUGHAN FAMILY LAWYER

The easiest way to get a divorce in Vaughan is to file a joint divorce application with a separation agreement. A joint application implies the spouses both agree to the divorce. The separation agreement means a settlement of all issues like child and spousal support, division of property, and parenting arrangements. If the court has no issue with the separation agreement, your divorce could be final within 60 days.

Some people ask family and friends for recommendations to find a competent family lawyer in Vaughan. Others look online for a local law firm with a good reputation. Another option is to consult directories of lawyers such as TopLawyers.

Most lawyers charge an hourly fee. A Vaughan family law lawyer may charge between $100 and $1000 an hour, depending on their experience level and expertise. Overall, an uncontested divorce in Ontario will cost an average of $1,439 in 2021. The average for a contested divorce (no trial) is $23,278.

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