Understanding Your Rights and Responsibilities
At Odette Rwigamba Lawyers, we know that family law issues can be complex and stressful. Below, we answer some of the most common questions across the major categories of family law to help you better understand your rights and responsibilities.
Divorce and Separation
What Are the Legal Grounds for Divorce in Ontario?
The most common ground for divorce is a one-year separation. Other grounds include adultery or cruelty, though these can be more difficult to prove and may require court involvement.
How Long Does It Take to Get a Divorce?
If both parties agree on all matters (an uncontested divorce), the process usually takes between 4 to 6 months. Contested divorces, where disputes arise over issues like custody or property, can take much longer.
Do I Need to Go to Court for a Divorce?
You can avoid court if both parties agree on the terms of the divorce. In such cases, a joint application for divorce can be filed. However, court involvement may be necessary if disputes cannot be resolved through negotiation or mediation
Child Custody and Parenting Time
What Are Decision-Making Responsibilities in Ontario?
Decision-making responsibilities refer to the legal authority to make major decisions for the child, including those related to education, health, and religion. These responsibilities may be shared or assigned to one parent, depending on the child's best interests.
How Is Parenting Time Scheduled?
Parenting time, formerly known as access, refers to the time a parent spends with their child. The schedule is typically outlined in a parenting plan or court order, taking into account the child's needs, age, and each parent’s availability.
What Happens if One Parent Denies Parenting Time?
If a parent withholds access without a valid reason, the other parent can apply to the court to enforce the order. Courts take parenting time seriously and may adjust the arrangement or impose penalties if access is wrongfully denied.
Child Support
How Is Child Support Calculated?
Child support is based on the Federal Child Support Guidelines, which consider the paying parent’s income and the number of children. Additional expenses, such as childcare or medical costs, may also be included.
Can Child Support Be Reduced if I Lose My Job?
Yes, child support payments can be modified if there is a significant change in your financial circumstances. You will need to apply to the court to formally change the amount.
What If My Ex-Spouse Refuses to Pay Child Support?
The Family Responsibility Office (FRO) enforces child support orders in Ontario. They have the authority to garnish wages, suspend licenses, and take other measures to collect overdue payments.
Spousal Support (Alimony)
Who Qualifies for Spousal Support?
Spousal support may be awarded if one spouse is financially dependent on the other, based on factors such as the length of the relationship, financial need, and contributions made during the marriage.
How Long Does Spousal Support Last?
The duration of spousal support depends on the length of the relationship and the circumstances of both spouses. Support may be temporary or indefinite, depending on whether the recipient can become self-sufficient.
Can Spousal Support Be Modified?
Yes, spousal support can be changed if there is a significant change in either spouse’s circumstances, such as retirement, job loss, or remarriage. A court order is usually required for modifications.
Division of Property and Assets
How Is Property Divided in Ontario?
Married couples are subject to equalization of net family property, meaning that both spouses share the value of assets acquired during the marriage. Common-law couples, however, do not have the same automatic rights.
What Is the Matrimonial Home?
The matrimonial home is the primary residence where the couple lived during the marriage. Both spouses have equal rights to the home, regardless of whose name is on the title.
Can a Prenuptial or Cohabitation Agreement Protect My Property?
Yes, a prenuptial agreement (marriage contract) or cohabitation agreement can outline how property will be divided in the event of separation, helping protect individual assets from equalization.
Domestic Contracts and Agreements
What Is a Separation Agreement?
A separation agreement is a legally binding document that outlines how a couple will handle issues such as child custody, support, and property division after separating. It allows couples to avoid court proceedings.
Are Prenuptial Agreements Enforceable in Ontario?
Yes, prenuptial agreements are enforceable if they are entered into freely, with proper legal advice, and meet Ontario’s legal standards. Courts can set aside agreements if they are found to be unfair or made under duress.
Can a Separation Agreement Be Changed?
Yes, separation agreements can be modified if both parties agree to the changes. If not, one party can apply to the court to change the terms if there is a significant change in circumstances.
Family Law Dispute Resolution
What Is Mediation?
Family Law Mediation is a form of alternative dispute resolution where a neutral third party helps the couple negotiate and reach agreements on family law issues. It is often faster and less expensive than going to court.
What Happens if Mediation Fails?
If mediation is unsuccessful, the couple may need to proceed to court, where a judge will make decisions on unresolved issues. Legal representation is essential to ensure your interests are protected in court
