Divorce Lawyers
Divorce is the formal, court-recognized legal end of a marriage in Canada. Unlike separation, a divorce requires a court order granted under Canada’s Divorce Act. In Ontario, that order is issued by the Ontario Superior Court of Justice. Most divorces proceed on the ground of separation: spouses must have lived apart for at least one year before a divorce order can be granted. Obtaining a Divorce involves a formal process that is not always straightforward and is best navigated by a Family Lawyer. Cohen Highley LLP’s family law team guides individuals throughout Southwestern Ontario through every stage of the process.
Divorce Services We Provide
Divorce touches nearly every part of your life, and the decisions made during this process can have lasting consequences for you, your children, and your financial future. Cohen Highley LLP’s family law team provides clear, practical guidance across the full range of issues that arise during a divorce. We assist clients with:
- Divorce Applications: Preparing and filing the documentation required to obtain a divorce order from the Ontario Superior Court of Justice, whether contested or uncontested.
- Division of Property and Assets: Advising on the equalization of net family property under Ontario’s Family Law Act, including matrimonial homes, inheritances, and business interests.
- Child and Spousal Support: Helping clients understand their rights and obligations, including the application of the Federal Child Support Guidelines.
- Decision-Making Responsibility and Parenting Time: Assisting parents in reaching arrangements that reflect the best interests of their children, through negotiation, mediation, or court proceedings.
Our Approach to Handling Divorces
We understand that divorce is one of the most significant transitions a person can face. Our approach to legal proceedings is built on listening carefully, communicating clearly, and helping you make informed decisions at every step. We begin with a consultation to understand your situation, explain your legal options, and outline what you can realistically expect. From there, we identify the most appropriate path forward, whether that is a negotiated settlement, mediation, or court proceedings.
Where possible, we encourage resolution without litigation. When court is necessary, our family lawyers are prepared to represent you at all stages, from motions through to trial. Throughout every stage, you will receive straightforward advice and regular communication from a team that understands the weight of what you are going through.
Why Choose Cohen Highley LLP
Our family law group handles the complete range of issues that arise from the breakdown of a marriage, and clients have access to lawyers with experience across all aspects of family law in a single firm. We serve clients from offices in London, Kitchener, Windsor, Strathroy, and Sarnia, making it easier for individuals throughout Southwestern Ontario to access our divorce services.
Where litigation is not the right path, we work to find practical solutions that serve our clients’ long-term interests. Where court is necessary, we are ready to represent you effectively. If you need legal support, contact a member of our family law team today.
Frequently Asked Questions
What are the grounds for divorce in Canada?
Divorce in Canada is governed by the federal Divorce Act, which recognizes three grounds:
- Separation of at least one year
- Adultery
- Physical or mental cruelty
Separation is by far the most common ground. In practice, most divorce proceedings begin after spouses have lived apart for one year. Divorces based on adultery or cruelty are less frequently pursued due to the evidentiary requirements involved, and a family lawyer can advise whether those grounds apply to your situation.
How long does it take to get a divorce in Ontario?
For an uncontested divorce where both parties agree on all issues, the process typically takes several months after the one-year separation period has been completed. If property, support, or parenting arrangements are contested, the timeline can be considerably longer. A family lawyer can provide a more realistic estimate based on your specific circumstances.
Do I have to appear in Court to get a divorce?
Not necessarily. Many divorces are resolved without either party appearing in court. If the divorce is uncontested and all issues have been resolved through negotiation or agreement, a divorce order can often be obtained through a written court process. Court appearances are typically required when there are contested issues that cannot be settled by agreement.
What is the difference between a Separation Agreement and a divorce order?
A Separation Agreement is a legally binding contract between the parties that addresses the practical terms of their separation, such as property division, support, and parenting arrangements. A divorce order is a court order that formally ends the marriage. You do not need a divorce order to be legally separated, but you do need one if you wish to remarry.
Do both spouses need a lawyer to get divorced?
Each party has the right to obtain independent legal advice, and it is strongly recommended. This is particularly important when signing a Separation Agreement, as Ontario courts have set aside agreements where one party did not have the benefit of independent legal counsel. Having your own lawyer ensures that you understand the legal implications of any agreement and that your interests are properly represented.
Our legal team is accessible, innovative, and professional.
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