Divorce requires you to make a lot of difficult decisions. How will you share custody of the children? Who gets the house? And how will you maintain financial security without your spouse’s income and contributions? Even when staying married isn’t in your best interests or those of your children, these questions can be worrying.

At Galbraith Family Law, we know how difficult and emotional it can be to divide everything you’ve built together during your years of marriage. An Oakville divorce lawyer at our firm will work with you to create efficient and effective legal solutions tailored to your family’s unique needs. You can count on us to provide you with the legal advice and resources you need during these emotionally-charged times.

Are You Getting Divorced in Oakville, ON?

Ending a marriage takes a lot of time, consideration, and energy. Our experienced divorce lawyers in Oakville can help you streamline an uncontested divorce by negotiating the Separation Agreement and preparing equalization and Net Family Property calculations. Should any aspect of your divorce require litigation, we can draft the necessary documents and represent you in court. At all times, we will also:

• Listen to your needs and concerns
• Make sure you understand your options
• Protect your rights from the moment you hire us until the divorce order is issued, and even beyond!

To schedule an initial consultation with an Oakville family law lawyer, please call 905-291-6634.

Uncontested vs. Contested Divorce in Oakville, ON

In Ontario, a divorce can be contested or uncontested. How long it takes for your dissolution to be finalized will usually depend on which category it falls into.

Uncontested Divorce

With an uncontested (simple) divorce, you and your spouse negotiate and agree upon the most important terms, which are parenting time, child support, marital property division, and spousal support.

When you are ready for a divorce, we will create all the documents and serve them on your spouse. They don't have to do anything.  After 30 days passes, we can take the next steps to process the divorce. Normally, we proceed on the basis that you and your spouse have been separated for more than one year.  The only issue that the court is concerned with is that there is child support being paid in accord with the Child Support Guidelines.  Nobody needs to actually attend court. The proper documents just need to be filed at court at the appropriate time in accord with the law and regulations.

Contested Divorce

Contested divorces are less straightforward. They also happen more easily than you might think: for example, if you both agree on how to share parenting duties but don’t see eye to eye on property division, a family court judge will have to make that decision.

While some contested divorces occur because one spouse is determined to punish the other, this scenario is not as frequent as CourtTV may make you believe. Should you find yourself in this situation, however, your Oakville family law lawyer will advocate for you during the divorce process and seek to minimize the impact on your life.

Other Oakville Divorce Cases We Handle

Below are some of the many case types handled by our divorce law firm.

Collaborative Divorce

Collaborative family law is a process whereby divorcing couples agree to settle all matters arising from their separation without going to court. In addition to their lawyers, they work with various professionals to end their marriage on cooperative terms.

Collaborative divorce can only be practiced by professionals and lawyers who have completed specialized training in the field. A number of our family lawyers at Galbraith Family Law are accredited collaborative divorce professionals and can help you navigate this efficient and beneficial option.

Same-Sex Divorce

Same-sex couples in Ontario have the same rights as heterosexual couples pertaining to marriage, cohabitation, adoption, and assisted reproduction. With the right to marry, comes the right to seek a divorce.

Divorces involving same-sex couples can be challenging because the courts don't have as much experience dealing with such cases. In order to navigate the Divorce Act and the Canadian courts, these couples will benefit from seeking legal counsel. The divorce lawyers at Galbraith Family Law can help families and couples navigate this personal process.

High Net Worth Divorce

A high net worth divorce occurs when the couple has significant assets and income, such as businesses, real estate holdings, art collections, and even international holdings. Divorce always carries financial risk, but with high net worth divorce settlements, the risk increases, especially if one spouse tries to conceal assets or underreport income.

There are many wealthy individuals in Oakville, which is why we have skilled and knowledgeable divorce lawyers who are ready to assist you. We have experience dealing with the complicated issues that can arise and can retain industry-specific experts to determine the value of certain assets.

FAQs

Do You Need a Divorce Lawyer in Ontario?

No, you are not legally required to use a lawyer for your divorce in Oakville. However, it can be in your best interests to get legal representation, especially when you have children and want to create a fair parenting schedule, or you have complex financial assets like a business, investments, real estate holdings, and retirement plans to divide. If you have marital debt, it’s also important to ensure that the obligations are allocated as fairly as possible. When you’re unfamiliar with divorce laws, you may not understand your rights and obligations.

Your Oakville divorce lawyer at Galbraith Family Law will protect your interests while working with the other side to achieve as fair an outcome as possible. If negotiation and mediation don’t yield positive results, we will litigate for the outcome you need to make a fresh start.

How is Child Support Determined in Ontario?

Upon separation or divorce, the parent without primary physical custody will likely be required to pay child support to their co-parent. This arrangement usually lasts until the child turns 18 or graduates high school, whichever is later. There are two broad categories of child support:

• Basic monthly expenses
• Special/extraordinary expenses if a child has unique medical or educational needs

In Ontario, child support is governed by two separate Acts. If child support is a part of a divorce proceeding, it can be claimed under the federal Divorce Act. (Ontario's Family Law Act regulates child support cases when the parties never married or were married but chose to separate rather than divorce.)

The Divorce Act guidelines use a percentage of the paying parent’s gross income. The percentage taken depends on the number of children you have. Any additional special or extraordinary expenses, such as private tutoring or daycare, will be divided between the parents and added on top of the baseline amount.

Questions? Speak to an Oakville Divorce Lawyer

When you are going through a divorce, you are probably dealing with emotional, financial, and legal issues. You deserve to be supported by an ethical law firm you can trust. With Galbraith Family Law, you will benefit from working with divorce lawyers who care. Our goal is to protect your interests and rights and help you find solutions that work for you and your family.

For more information or to schedule an initial consultation with one of our family lawyers, please call 905-291-6634 or contact us online. We also serve clients in Barrie, Newmarket, North York, and Toronto.