Canadian Law: How Can A Family Lawyer Help With Divorce?

Canadian Law: How Can A Family Lawyer Help With Divorce? 1

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Ivan Serrano* Divorce is both emotionally and legally challenging in most cases and although lawyers are not critical a good divorce lawyer can certainly be beneficial to both, or either party in such cases.

Divorce is certainly common enough in Canada.

Statista indicates that in 2022, there were about 2.78 million people who had obtained a legal divorce and not remarried in Canada, a figure that has been steadily increasing since 2000, when there were about 1.88 million divorcees in Canada.

The overall trend is for fewer divorces, but that does not mean the numbers are not large.

In Ontario, the divorce rate was a little over 42 per cent according to the most recent stastics, which ranks us in the upper half among Canada’s provinces. Yukon has the highest rate at nearly 60 per cent (is it the weather, or something else?)

In Ontario, under the Family Law Act even the most agreeable couples can encounter problems when negotiating a divorce or settlement. 

I spoke with experienced Toronto family lawyers to consider just how family lawyers can best help when the ‘D’ word is discussed.

Provide Insights About the Grounds for Divorce


The basis for divorce varies from one state to another. Some grounds are fault-based, meaning it involves proving wrongdoing by a spouse. They may include adultery, inhuman treatment, abuse, or incarceration. 

In Canada, most divorces are granted on a no-fault ground. The only basis for a divorce is the irreparable breakdown of the marriage. However, there are criteria that you need to meet to prove your marriage has broken. This is where the guidance of a family lawyer comes in handy. 

A lawyer can provide insights into whether you have grounds for divorce. They can advise you on all aspects of relationship breakdown and review the specifics of your circumstances. 

Assist in Completing the Correct Legal Paperwork

As a federal law, the Divorce Act applies across Canada. But the provinces and territories are responsible for the processes necessary for getting a divorce. Itinvolves filling out and submitting the right forms to the proper court in your area or region for approval. 

A family lawyer can assist you in completing the correct legal paperwork. They can ensure compliance with the court rules that process your divorce. Besides preparing and filing the proper documents, a lawyer can help you respond to your spouse’s divorce petition. 

Explain the Details of the Property Division

Complex issues regarding property division can arise from any divorce case. Many people think that it’s a simple 50/50 division. However, you and your spouse may have a separate property you brought into the marriage. There might also be individual accumulated assets per a nuptial or postnuptial agreement. 

A family lawyer can help you understand how property is treated upon divorce. They are knowledgeable in determining what counts as marital assets and what does not. They can ensure a fair distribution of marital assets. Suppose a different division of family property is necessary. In that case, a lawyer can also help you take the best action.

Handle Child Custody and Visitation Disputes

While parents contemplating divorce can negotiate their child custody and visitation plan on their own, disputes can also arise. They may not reach an agreement in some cases. One spouse may attempt to block the other from getting joint custody or visitation rights. 

Whether obtaining mutual compromise on custody or advocating your visitation rights in court, a family lawyer will be invaluable. They can assist you with developing a parenting plan that works for both parties and the child’s needs. They can also help you create the best arguments for your preferred custody and visitation arrangement. 

Guide You Through the Spousal Support Process

Issues with spousal support are one of the things you may encounter when getting a divorce. It’s not an automatic component of divorce. But when ordered, the spouse with the higher income pays spousal support to the spouse with the lower income. 

A family lawyer can help you understand your spousal rights or obligations. They can assess if you’re eligible for spousal support or must pay it. Lawyers can also help you determine the amount you need to pay and when. 

Negotiate the Terms of Your Divorce

Reaching an agreement is a common problem when getting a divorce. A family lawyer can help you negotiate the terms of your divorce and prepare your divorce agreement that satisfies both parties. 

They will also ensure that essential legal provisions are considered to protect your rights. If you want a less expensive procedure, working with a lawyer can help you settle your divorce without going to court. 

Achieve the Best Possible Divorce Outcome

Some spouses can’t agree on resolving disputes associated with the divorce. In that case, a family lawyer will come in handy. This is particularly important when emotions are running high on both parties.

A lawyer can provide you with objective advice and advocate on your behalf. They can take your case to court and help you obtain the best possible outcome in your divorce case.

Author –

Canadian Law: How Can A Family Lawyer Help With Divorce? 2

Ivan Serrano has been a technology and business writer working with a variety of professional organizations and companies including StartupNation, Namecheap and TimeDoctor.  His commitment to explaining legal, business and technical developments has seen him continue to write on legal developments.  He can be contacted through LinkedIn

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