My Rights at the Time of Divorce or Separation in Ontario

When you are getting a divorce or separation from your spouse in Ontario, you can get economic support or property. It will depend on how you got married, legally, or a common-law relationship.

When are you entitled for spousal & child support in Ontario?

When you got married legally or you have been in a common-law relationship for at least 3 years without children then it is applicable by the law that you can get spousal support from a formal spouse.

If you have children living with you then you can also get child support. All spousal and child support orders are executed by the FRO (Family Responsibility Office).

How are child support & spousal support payments made in Ontario?

When the payer (the person who pays for the child support) lives in the country that has signed the agreement with the Ontario government, the FRO can collect the support from him/her but if the payer is living in a country that has not signed an agreement with the Ontario government then FRO can not help you. When you find that you can get a spousal or child support then you must hire a lawyer to help you.

What happens to your property that you lived in?

If you are married, one has to pay an equalization payment to the spouse. But if you were common-law married then in most cases you will not have such rights and each spouse gets the assets in their name. It is better to hire a family lawyer as there will be many rules, regulations, and limitations. A lawyer can provide the best solutions in such conditions.

Consult J.N. Mukongolo Family Law firm for prompt legal advise for your family law matters. Jane Mukongolo is a family lawyer practicing family law exclusively from her office in Toronto. Call us at 416-929-6821 for the best family lawyer in Toronto.

Advantage of Filing for Divorce First in Ontario

When you find that you and your partner are thinking about getting separated, it is good to go first for filing the divorce. Today we will discuss some benefits of filing the divorce first. Let’s get started.

1) Take Control/No Point in Dragging It too Long: Waiting for weeks or months for taking a divorce can be an emotional trauma to go through. If it is not certain that when your spouse will file a divorce, then it is better to file the divorce first and take control of your own life. You can hire a divorce lawyer and prepare yourself for the legal procedures and strategies that can give you a head start in your divorce.

2) Evidence and Document Preparation: You will have the advantage of gathering all the evidence and prepare the documents that will help you with the financial claims. With this, you can get a good early start of the proceedings and ensure you are fully prepared when the time comes.

3) Avoid Any Tricks: A spouse may try to hide the assets that have a good amount of valuation. By filing the divorce first, you can make sure that you don’t have to face any tricky maneuvering by your ex. Also this gives you a chance to protect your jointly owned assets.

4) Be the First to Present Your Case: When you present your case first, it goes first for the litigation. In this process, you get the chance to make a good impression on the early stages. When you know the effect of filing the divorce first, it will affect the timeline of litigation and help you to define your strategies according to your situation.

5) Choice of Jurisdiction: There are different laws and regulations in different regions. If you and your spouse living in a different region then the person who filed first has an advantage that he/she can choose where the litigation takes place. The region where you live might offer you an edge when your case comes to the court.

6) Financial Prep: Divorce can be costly so its important to plan in advance to ensure you have enough funds to pay your lawyer and your spouse in terms of spousal or child support.

These are some major advantages of filing your divorce first. To get such decisions, you need suggestions from experts and for that, we are here to help. If you are looking for a top divorce lawyer in Toronto, please feel free to contact us at info@jnmlaw.com or call at 416-929-6821.

Why Should I Hire a Lawyer for claiming Child Support?

If you are seeking child support or facing challenges in getting support from your spouse even after court orders, it is important to hire a child support lawyer who can understand your needs and help you in your child support case.

Today, we are going to talk about why you should hire a qualified lawyer for your child support case.

Protect Your Rights: When you are facing legal procedures, it is extremely important to know your rights. In a child support case, you might have to face many questions regarding your financial resources, parenting, etc. So, you must have a lawyer who ensures the safety of your rights.

Make Sure Your Children are a Top Priority: This is the most important aspect of a child support case. Children must be given the top priority and make sure that they are getting enough financial resources to fulfill their needs and a necessary visitation schedule.

Fair Allocation of Child Support: Generally, children need an equal amount of financial support from each parent. But sometimes some parents try to hide their resources or assets and don’t reveal their full income. A good lawyer can surely unveil these hidden resources to set child support equitably.

For Court Trials, You Need a Lawyer: In court proceedings, you will have to agree on many points or issues and its difficult to make decisions in such emotionally challenges times. If you have a lawyer representing your case, he/she can give you proper advise and settle the case in your favor.

Couple Consensus is Rare: It happens very rarely that couples agree on child support, visiting, and custody problems. In most other cases, a lawyer intervention is required so you get a fair judgement on your case and the problem can be minimized.

So, these are some reasons, why a lawyer should be there to your side for your child support case. If you are looking for a child support lawyer in Toronto, call Jane Mukongolo at 416-929-6821. We will evaluate your case with fresh eyes.

What Factors Cause Child Custody Costs to Vary?

Although the fee of a child custody lawyer is counted from the entire cost and it will be a bit portion of the cost but still there are many factors that are connected with the fee structure in a child custody dispute.

  • The Type of Custody Disputes: When the child custody case is strongly disputed at that time it will be the biggest factor. Because when one party has decided to fight for the single custody it will generate statements, classifying many movements, multiple court appearances, hiring professionals, etc. So, these litigations take more time and money and lead to higher fees.
  • The Hiring of Expert Witnesses: Sometimes the litigations are very intense and require hiring specialist witnesses like psychologists, psychiatrists, physicians, forensic accountants etc. This will be also counted in the fees.
  • Court Fees: Generally, the fees of a court is $632 in Ontario. When you apply for divorce, the first payment would be $212. And the remaining $420 would be paid before the court reviews the divorce case.

Jane Mukongolo is a family lawyer and she can help in family issues, child custody, spousal support, divorce & separation, etc. If you are looking for a family lawyer in Toronto, Please feel free to contact J.N. Mukongolo Family Law at info@jnmlaw.com or call 416-929-6821.

Why is it important to hire a family lawyer to file for a divorce?

There are so many marriages that end up in divorce. The divorce lawyer helps spouses in making the separation process fair to both parties. In divorce cases, sometimes children are also involved. So, for child support or child custody, a lawyer can help to set up the terms. Moreover, a lawyer also helps you in the division of assets and debts.

For a divorce lawyer, deep research is required to find related evidence and also prepare a detailed document to submit in court.Though it may be possible to get a legal separation without a lawyer, you may not get the desired results.

Divorce lawyers are good observers and listeners and they understand every aspect of their clients to make sure they don’t hurt the sentiments of anyone. They have excellent interpersonal skills because they meet a variety of people in their profession and deal with them everyday.

Jane Mukongolo is a family lawyer and we can help you with family issues, child custody, spousal support, divorce & separation, etc. If you are looking for a divorce lawyer in Toronto, feel free to contact us at info@jnmlaw.com or call 416-929-6821.

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