Family Law and Divorce in Ottawa FAQs
Navigating the complexities of family law can be a challenging endeavor. According to data compiled by Statistics Canada indicate the divorce rates have been on the decline over the past 50 years. Whether you’re contemplating a divorce, concerned about child custody, or inquiring about property division, it’s essential to be informed. Our FAQ page provides a brief overview of some commonly asked questions pertaining to family law in Ottawa. However, for detailed advice tailored to your unique situation, always consider consulting with a professional.
What are the grounds for divorce in Ottawa, and how long does the process typically take?
In Canada, the grounds for divorce are outlined under the federal Divorce Act. Common grounds include living separately for a year intending to end the marriage. Other grounds include adultery and physical or mental cruelty. The timeline for divorce can vary. In straightforward cases, it might only be a few months after the mandatory one-year separation period. However, if disputes arise, the process can extend to several years. Consult an experienced Ottawa divorce attorney to learn about any new developments.
Who determines child custody, and can I change an existing custody agreement?
In Ontario, the best interests of the child guide the determination of child custody. Several factors, like the child’s wishes and parental stability, influence custody decisions. You can change custody agreements if circumstances shift significantly for the child’s benefit.
How do they divide property during a divorce in Ontario? What qualifies as ‘matrimonial property,’ and what do they exclude?
In Ontario, the division of property follows the principle of equalization of family property. Each spouse calculates net property; the wealthier one pays half the difference to the other. ‘Matrimonial property’ includes assets acquired during marriage.Excluded properties include gifts, inheritances, and damages from personal injury claims, among others.
How do I calculate spousal or child support, and can someone adjust it in the future?
he amounts for spousal and child support are determined by guidelines from federal and provincial governments. Child support is based on the Child Support Guidelines, considering the paying parent’s income, number of children, and their primary residence. Factors such as marriage duration, roles during the marriage, and both spouses’ financial situations influence spousal support. One can adjust support amounts if significant changes in circumstances occur or if a separation agreement specifies it.
How do they divide property in an Ontario divorce? What qualifies as ‘matrimonial property,’ and what do they exclude?
In Ontario, the division of property follows the principle of equalization of family property. Each spouse calculates their net family property (assets minus liabilities), and the spouse with the higher value pays half of the difference to the other. ‘Matrimonial property’ generally encompasses assets acquired during the marriage, the matrimonial home, and increased value of assets brought into the marriage. Excluded properties include gifts, inheritances, and damages from personal injury claims, among others.
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In summary, family law is a vast and intricate field that affects the most personal aspects of our lives. While this FAQ provides a foundation, there’s no substitute for personalized guidance of a seasoned Ottawa divorce lawyer. If you have further questions or require expert legal advice, please don’t hesitate to contact the dedicated and experienced team at RPB Family Law in Ottawa.
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