Chid Custody issues:
- “I can't stand my ex and have a very hard time not putting him down in front of my children,
do you have any suggestions for what I should do?”
Dawn M. Bennett, a family lawyer in Mississauga, answers: “Think before you speak. If what you
have to say to your ex is not positive, then do not say it in front of your children. Most children
are…”
- "Who should use a Collaborative Family Law resolution?"
Judith Holzman, a family lawyer in Toronto and York Region, answers: “Collaborative family
law is a specialized version of family-law practice that uses …”
- "Can a step-parent ever win custody against biological parent(s)?"
Toronto and York Region areas of Ontario family lawyer Judith Holzman answers: "When an
intensive psychological assessment confirmed the nature of this relationship between child and who..."
- "My
wife wants to move the kids from Toronto to Vancouver. Can I stop her?"

Toronto divorce lawyer Brahm Siegel answers: "The answer depends on whether there's a
separation agreement between the parties in place..."
- "My ex-wife has custody of our children, and she
wants to move across the country with them. What can I do about it?"
Ottawa family lawyer Nigel Macleod answers: "Adult Canadians are constitutionally free to
travel and relocate within our country..."
- "Is joint child custody granted only in
amicable divorce cases?"
Toronto divorce lawyers Gary Joseph and Michael Stangarone answer: "Child-custody disputes are
perhaps the most difficult aspect of family law..."
- "Are
the courts still reluctant to grant sole child custody to fathers? How can I increase my chances of getting full
custody of my boys?"
Toronto, Ontario divorce lawyer Ken Nathens answers: "Child custody means the right to make
major decisions about the best interests of a child..."
- "My
partner and I have two children but were never married. How are child custody and child support decided when dealing
with children of unwed parents?"
Toronto family lawyer Evelyn Rayson answers: "How child custody and child support are
decided is the same as it is for parents who are married..."
- "If your spouse interferes with your visitation, are
you entitled to withhold child support until you receive court-ordered visitation?"
Toronto family lawyer Michael Cochrane answers: "Divorced parents make trouble when they
attempt to link child support and their satisfaction with visitation..."
- "Is it true that, if a marriage breaks down because
one spouse is gay, the courts will award child custody to the heterosexual spouse?"
Toronto divorce lawyer Judith Holzman answers: "The only criteria that a court looks at in
deciding child custody are the best interests of the child..."
(Top)
Child Support issues:
- "My ex-husband recently died. Will his estate still pay my alimony and child support payments?
"
"Even though a divorce order may stipulate that one spouse is to pay spousal and child support,
death could pose a serious problem. There are several ways to guarantee these payments will be
made…"
- "Is joint custody granted only in amicable divorce cases? My ex spouse and I are far from
friendly, but there’s no way I want to lose access to my kids."
Gary Joseph and Michael Stangarone, family lawyers in Toronto, answer: “Custody disputes are
perhaps the most difficult aspect of family law. Fuelled by emotion, these disputes tend
to…”
- "How is the support to be paid for the children determined?"
Gary Joseph and Michael Stangarone, family lawyers in Toronto, answer: “Where the child
resides with one parent most of the time and spends the rest of the time with the other parent (a typical
custody/access arrangement) the basic amount for child support to be paid is..
- "When will my child-support payments end?"
Toronto, Ontario divorce lawyer-mediator Barbara Landau answers: "Case law provides for
children receiving support through their first post-secondary degree..."
- "Do I have an obligation to pay child support once
my children are over the age of 18, or younger if they have dropped out of school?"

Toronto and Maple, Ontario family lawyer Judith Holzman answers: "The Family Law Act requires
every parent to provide for an unmarried child under 18..."
- "Who will pay for our kids' private school when we
divorce? With the child and spousal support, I don't know how I'll afford the tuition."

Toronto family lawyer Brahm Siegel answers: "First, it depends on whether the proposed expense
is necessary..."
- "My ex-husband hasn't paid the last two months of
child support. I found out that he recently took his new girlfriend to the Bahamas. I'm so angry! What can I do?
"
Toronto family lawyer Ken Nathens answers: "Collecting child support and spousal support is a
frustrating process for the recipient..."
(Top)
Collaborative Family Law issues:
- "Can collaborative divorce help me
to settle my divorce more amicably? How is it different from divorce mediation?"
Toronto family lawyer Judith Holzman answers: "Can collaborative divorce help me to settle my
divorce more amicably…"
- "What is Collaborative Practice? I'm
trying to decide what route to take to resolve my divorce, and I'm wondering how Collaborative Practice differs from
methods such as litigation and mediation."
Toronto family lawyer Sheila Kirsh answers: "what is Collaborative Practice…."
- "My husband says we'll save lots of money using the
collaborative approach because we will share a lawyer. Is that really how collaborative law works?"

Ottawa, Ontario collaborative family lawyer Nigel Macleod answers: "In collaborative law, each
client has their own specially trained and dedicated lawyer..."
- "Who should use a Collaborative Family Law
resolution?"

Toronto divorce lawyer Judith Holzman answers: "Collaborative family law is a specialized
version of family law that uses specially trained family lawyers..."
- "What happens if the collaborative model doesn't work
for us and we can't reach a settlement?"
Toronto family lawyer Sheila Kirsh answers: "In Collaborative Practice, each party retains a
specially trained collaborative lawyer..."
- "My
husband says we'll save a lot of money using the collaborative approach because we will share a lawyer. Is that
really how collaborative law works?"
Toronto and Richmond Hill, Ontario family lawyer Cynthia Lauer answers: "Most of the work
during the collaborative-law process will take place in four-way meetings..."
- "What is Collaborative Practice? I'm trying to decide
what route to take, and I'm wondering how Collaborative Practice differs from litigation and divorce mediation?
"
Toronto, Ontario divorce lawyer Sheila Kirsh answers: "Collaborative Practice is a new way of
helping families resolve disputes with dignity..."
- "My
wife is interested in using Collaborative Family Law to settle our divorce. We don't have a history of collaborating
terribly well in our marriage: is there any chance this method would work for us?"
Toronto, Ontario family lawyer Sheila Kirsh answers: "Allow me to answer your question by
telling you a little about Collaborative Practice..."
- "What is Collaborative Family Law -- and how does
it differ from divorce mediation?"
Toronto and Richmond Hill, Ontario divorce lawyer Cynthia Lauer answers: "Collaborative Family
Law and mediation are forms of alternative dispute resolution..."
- "My
wife and I have agreed to divorce via a collaborative process, but she and her lawyer are not cooperating fairly. Is
it likely that we'll reach a fair settlement?"
Toronto, Ontario family lawyer James MacDonald answers: "The techniques that collaborative
family lawyers and traditional family lawyers use are based on opposing philosophies..."
- "I'm interested in Collaborative Family Law as a
means for resolving my divorce, and I'm wondering if my spouse and I are good candidates. Under what conditions does
it work -- and when does it not work?"
Toronto family lawyer Sharyn Langdon answers: "Collaborative family law has grown as many
parting couples opt for this relatively new process..."
- "My spouse and I are about to separate and I would
like to get some sense of what legal issues are involved."
Generally, the issues relate to the parenting of children, child support, spousal support, property
division,..."
(Top)
Considering Divorce
:
(Top)
Divorce
process:
- “Can I bring a relative or friend with me
when I meet with my lawyer?”
“ABSOLUTELY! (Obviously you should first check with your lawyer, but there shouldn’t
ever be an issue). In fact, you shouldn’t go meet with your lawyer without bringing someone along. Divorce is
one of the most stressful times in your life. At a time when you are probably not emotionally
capable…”
- “Should I sign a prenup or not?
”
“Prenup Agreements or Marriage Contracts do hold up in Court. However, they hold up in Court
if they are based on full disclosure as to income, assets, debts and liabilities and, most importantly, they seem
fair…”
- “Can I prevent my spouse from obtaining a divorce?
”
Toronto family law lawyer Ken Nathens, answers: “The short answer is no. A divorce may be
delayed, but ultimately not stopped as a matter of public policy. In Canada, divorce is…”
- "I would like my divorce to go smoothly. What
advice can you give me?"
Toronto family law lawyer Ken Nathens, answers: "Divorce is traumatic. It is not realistic to
expect that a divorce will be painless…"
- "How can
I shorten my divorce process?"
Burlington, Ontario divorce mediator and counsellor Maggie Hall answers: "Plan ahead as much as
you can, prior to the separation if possible..."
- "I
want this divorce process to end, but it's dragging on because my spouse and I just can't agree on anything. What
can I do?"
Toronto family lawyer and mediator Barbara Landau answers: "There may be several reasons for
your current situation. Identifying the causes is a good start..."
- "What should I expect in terms of communication from
my divorce lawyer as my case progresses?"
Toronto and Maple, Ontario divorce lawyer Judith Holzman answers: "The lawyer is there to help
the client to choose the route the case will take..."
- "We were only married for two years and don't have a
lot of assets. Do we really have to go through the whole divorce process?"
Toronto divorce lawyers Douglas Green and Natasha Bone answer: "In the narrow sense of the
word, 'divorce' is the process of becoming 'unmarried'..."
-
(Top)
DNA testing:
(Top)
Emotional/Relationship
issues:
- "Should I have a Cohabitation Agreement?"
Several years ago the answer, in many cases, would have been "no you don't need a Cohabitation
Agreement" unless you were bringing into the relationship a piece of real estate, in which the…
- "How can I counsel an employee going through a
divorce?"
I recently had a discussion with a high-powered businessman who said that whenever a team member of
his is going through a divorce, he has to write-off their productivity for the year and have other members take-up
the slack. ..."
- "Do I need emotional support during my
divorce if I talk about it to friends and family?"
Toronto psychotherapist Brian Baumal answers: " Friends and family will always provide
important support during any kind of crisis or life change. In a divorce ..."
- "How can therapy or counseling make the
divorce process easier?"
Toronto psychotherapist Brian Baumal answers: "I think it is worthwhile to qualify what
"easier" means. Specifically, I think that therapy can..."
- "I've heard of people having 'divorce
ceremonies'. What's that all about?"
Charlotte Eulette, the North American Director of the Celebrant Foundation, answers: "In a ceremony of this kind, friends and family gather for their honored friend..."
- "I'm
starting to dread my stepchildren's visits. What should I do?"
Toronto divorce lawyer and mediator Barbara Landau answers: "Your dilemma is a familiar one:
whether to be the awful stepmother or suffer in silence..."
- "When should I take action to protect myself from an
abusive spouse?"
Toronto family lawyer Herschel Fogelman answers: "There is only one answer to this question: as
soon as you experience the abuse..."
- "They say I should date as soon as possible. Do
I have to 'get right back on the horse' immediately or be alone forever?"
Toronto, Ontario psychotherapist Margot Feferman answers: "How do you see dating? As a means to
find someone with whom to live happily ever after?..."
- "What
can I do to gain the self-confidence to go dancing?"
Toronto dance instructor Joel Wood answers: "By identifying your challenges, you've taken the
first step to achieving your goal..."
- "What is involved in obtaining a divorce?
"
After the separation agreement is signed, the application for divorce is usually made by one or
other of the parties although there is provision for the application to be made jointly by both of them..."
- "Should I change my will?"
A will made during your marriage continues to be valid during the period of separation until
revoked..."
- "My partner and I were living together,
but did not marry. What rights do I have?"
If there are children of your relationship (natural or adopted) you have the same rights with
respect to the children as a married person....."
(Top)
Family
issues:
(Top)
Financial
issues:
- "How do I deal with my debts while going through a
divorce?"
"You are not alone. More and more Canadians find themselves burdened with debt. Coupled with
the strain of divorce, this burden can be overwhelming. The following are steps to help free you from
debt.…"
- "What must I consider to make sure that I can survive
financially after my divorce?"
"Money will always become an issue in divorce. Many people start out thinking and believing the
promise that things will always be divided evenly and straightforward. Money is sometimes used as a bargaining to
resolve other issues…"
- "My spouse owes money for taxes, am I responsible for half of the money owed?"
Toronto and Maple, Ontario family lawyer Judith Holzman answers:”Debts even taxes are the
debts of the person who owes the money but they can impact the other spouse in various ways. Firstly if there
is…”
- "How can I keep my legal
fees under control?"
Markham family lawyer Andrew Feldstein, answers: "After speaking with several of the lawyers
and law clerks at our firm…"
- "Will my spouse be entitled to some of my pension after I divorce? If so, how can I prevent
this?"
Ottawa, Ontario divorce lawyer Marie-Hélène Godbout answers: "Pensions are
property, and they're a very complicated area of law that presents..."
- "How much will a divorce cost me?"
Toronto divorce lawyer Robert Berman answers: "Typically, when you retain a lawyer after
separating from your spouse, your lawyer will deal..."
- "Our home has been in my wife's family for generations; do I have any claim on it as her
spouse?"

Toronto family lawyer Judith Holzman answers: "A matrimonial home is always subject to sharing,
according to Ontario divorce law..."
- "Do I have to share my pension?"

Toronto and Maple, Ontario divorce lawyer Judith Holzman answers: "A pension plan is subject to
sharing as part of the marital property in divorce law..."
- "My husband's business is worth at least $60 million. How can I make sure he's not cheating me
out of my fair share?"

Toronto divorce lawyer Evelyn Kohn Rayson answers: "When dealing with significant assets, it's
always important to retain business valuators..."
- "I want a divorce, but I'm worried about how it will affect me financially -- especially in the
current economic climate. Is it a bad idea to divorce in a recession like this?"
Toronto and London, Ontario forensic accountant Gordon Krofchick answers: "Recent economic
times have seen stock portfolios depressed in value..."
- "I'm worried that this divorce is going to ruin me financially. Do you have any tips to prevent
this?"
Markham, Ontario divorce lawyers Laura Fryer and Heather McGee answer: "This is a question that
we lawyers often hear early on..."
- "What does a Certified Divorce Financial Analyst do?"
Mississauga and Oakville, Ontario financial planner June Oliver answers: "To become a Certified
Divorce Financial Analyst (CDFA™), you must have..."
- "How do I know whether I need a financial planner or Certified Divorce Financial Analyst for my
divorce?"
Ottawa family lawyer Nigel Macleod answers: "A financial reorganization can be challenging at
any time. When we add the uncertainty..."
- "My spouse and I are divorcing. Do I have any rights or interest in the pension plan of which
he has been a member since before we were married?"
Toronto and London, Ontario forensic accountant Gordon Krofchick answers: "The determination of
Net Family Property is governed by an Ontario Act called..."
- "My husband and I own a company together. I look after the staff while he has always looked
after the financial end of things. I'm not sure I can trust him to be honest in reporting the company's
earnings. What can I do?"
Toronto and London, Ontario forensic accountant Gordon Krofchick answers: "One spouse is not
sure if she can trust her husband to be honest in reporting earnings..."
- "If my ex declares bankruptcy, am I liable for his debts?"
Toronto divorce lawyer Judith Holzman answers: "Many couples, while they are together, co-
mingle their assets and sign on each other's debts..."
- "How can I keep my legal fees under control?"
Toronto, Ontario family lawyer Andrew Feldstein answers: "After speaking with the lawyers and
law clerks at our firm, here are a few things clients can do..."
- "I'm not sure my family lawyer has a good handle on the financial aspects of my divorce. What
should I do?"
Toronto CA and CFP Douglas Lamb answers: "You must fully understand the financial aspects of
your divorce to make an informed decision..."
- "I've received a large lump settlement from my divorce. How should I invest the money?
"
Toronto, Ontario accountant and CFP Douglas Lamb answers: "This money should be invested in a
manner that reflects your financial and life goals..."
- "If I divorce, will my children be able to afford to go to college or university?
"
Toronto CA and CFP Don Harrington answers: "Ending a marriage invariably results in negative
financial consequences for the family..."
- "I am considering separating from my spouse, what should I do first?"
Toronto, Ontario CA and Certified Financial Planner Douglas Lamb answers: "The first step is to
gain an understanding of the alternatives available to you..."
- "What are the tax advantages of a properly prepared separation agreement?"
The main tax advantage is that where spousal support is paid under the agreement in a certain amount
each month..."
- "My spouse has always been secretive about financial matters, and I have no information about
our finances except for what I see on the statements for our joint account. Can I find out about what my spouse
earns and the state of his investments?"
Complete financial disclosure must be made by both parties. No settlement by agreement or court
order can be made without full disclosure by each side of all relevant financial information...."
(Top)
Legal issues:
- "I have lived with my partner for over 6
years and we have a child together, but we are not officially married. Do I need to go through a divorce?"
“Pursuant to the Divorce Act a court can grant a divorce on the grounds that there has
been a breakdown of their marriage. Obviously if there was no formal marriage, there can be no breakdown of the
marriage and therefore; there is no need for a divorce…"
- "Can I stop my divorce?"
“The Divorce Act defines the grounds for divorce. I would divide them into what can be
called “fault” and “no fault” grounds. The most common ground upon which a request for
divorce is made is on the basis of “living separate and apart for at least one year immediately preceding the
determination…"
- "What if I made a bad choice for my divorce lawyer? Should I switch?"
Larry Silverberg, a collaborative family lawyer in Toronto and York Region, answers: "In
choosing a lawyer, you would probably have already considered major factors such as..."
- "If I just want a divorce, do I have to go to court?
"
Robert Berman, a family lawyer in Toronto and the founder of myOntarioDivorce.com, answers: "If
you and your spouse agree to obtain a divorce, and there are no claims or issues..."
- "Can I represent myself in family-law court?"
Toronto divorce lawyer Robert Berman answers: "The high cost of retaining a lawyer in the
family-law process forces many people to..."
- "If I just want a divorce, do I have to go to court?
"
Toronto family lawyer Robert Berman answers: "If you and your spouse agree to a divorce, and
there are no claims that need to be resolved..."
- "What are your tips on finding the best divorce
lawyer?"

Ottawa divorce lawyer Nigel Macleod answers: "Divorce presents a range of emotional, financial,
and planning challenges that are..."
- "My lawyer tells me I'm eligible for spousal
support, but I feel so guilty about my affair that I'm not sure I want to take money from my husband. What should I
do?"

Ottawa, Ontario family lawyer Nigel Macleod answers: "This is an excellent question, as it is
the type of real-life feedback that is often discussed..."
- "Is there a Common Law Act?"

Toronto divorce lawyer Judith Holzman answers: "Many people coming to my office for their first
time tell me that there is a common-law statute..."
- "What happens to our debts when we divorce?
"

Toronto family lawyer Ken Nathens answers: "When you divorce, the debts that you hold in your
own name continue to be your responsibility..."
- "My spouse has a substantial pension. Will I get a
share of it in the divorce agreement?"

Toronto, Ontario family lawyer Ken Nathens answers: "Pensions are often very important assets
that parties may hold on the date of separation..."
- "My wife wants to move the kids from Toronto to
Vancouver. Can I stop her?"

Toronto divorce lawyer Evelyn Kohn Rayson answers: "It's important to consider all aspects with
respect to your relationship with your children..."
- "My spouse has a substantial pension. Will I get a
share of it in the divorce agreement?"

Toronto family lawyer Evelyn Kohn Rayson answers: "Pensions are an asset that is divided
between spouses on separation..."
- "I'm in the middle of a divorce but have already fallen in love with somebody else. Is it legal
to get engaged before the divorce is final? If so, will it affect the divorce outcome?"
Mississauga, Ontario divorce lawyer Dawn M. Bennett answers: "The excitement of an engagement
and wedding plans can be severely hampered by..."
- "There are so many divorce options: litigation, mediation, Collaborative Divorce. How do I
decide which is best for me?"
Toronto divorce lawyer-mediator Hilary Linton answers: "It does not matter whether your case is
complex or simple; if you have many assets or few..."
- "What if I made a bad choice for my divorce
lawyer? Should I switch?"
Toronto collaborative family lawyer Larry Silverberg answers: "In choosing a lawyer, you would
probably have already considered major factors such as..."
- "My lawyer tells me I'm eligible for spousal
support, but I feel so guilty about my affair that I'm not sure I want to take money from my husband. What should I
do?"
Toronto and Maple, Ontario family lawyer Judith Holzman answers: "Anyone going through a
divorce or separation is subject to a variety of emotions..."
- "Will my spouse be entitled to some of my pension after
our divorce? If so, can I prevent this?"
Erin, Ontario divorce lawyer Karen Thompson-Harry answers: "In Ontario family law, the
definition of "property" in the Family Law Act includes..."
- "My
lawyer tells me I'm eligible for spousal support, but I feel so guilty about my affair that I'm not sure I want to
take money from my husband. What should I do?"
Ottawa, Ontario family lawyer Russel Molot answers: "Spousal support is designed to ensure that
no one suffers any economic disadvantage..."
- "What can I do if my divorce lawyer wants to quit my
case? The court date is approaching, and I don't know where else to turn."
Toronto family lawyer Judith Holzman answers: "The Code of Professional Conduct requires a
divorce lawyer to represent a client to the best of their ability..."
- "Should we involve our children as we work out a
parenting plan? What type of contribution do children typically make?"
Toronto, Ontario family lawyer-mediator Barbara Landau answers: "Giving children a voice in
these matters can contribute in a number of ways..."
- "My spouse says terrible things about me to our
children. I feel like he's poisoning their minds against me more and more as our divorce case continues. Is there
anything I can do to make him stop?"
Toronto divorce lawyer Rachael Mendicino answers: "It is lost upon many divorcing parents that
their children need to respect both of their parents..."
- "If
you date as soon as you're separated, will it legally affect the outcome of your divorce in any way?"
Toronto divorce lawyer Karina Sacca answers: "The Divorce Act was specifically drafted to avoid
being fault-based. Therefore..."
- "If you live in a 'common-law marriage,' are you
entitled to the same support and property division as if you were legally married?"
Toronto divorce lawyer Ken Nathens answers: "The law makes no distinction between married and
unmarried couples for the purposes of child support..."
- "What
if I don't agree with my divorce lawyer's tactics and strategies? Can I get a second legal opinion without firing my
family lawyer?"
Toronto family lawyer Judith Holzman answers: "Your first divorce lawyer has a familiarity with
your file that someone consulted for half an hour won't have..."
- "Can
I fire my divorce lawyer? How? Under what conditions?"
Toronto and Maple, Ontario divorce lawyer Judith Holzman answers: "You are the employer, your
family lawyer is the employee: that is the terminology..."
- "When does my divorce become effective? And what
happens after the divorce judgment has been entered?"
Toronto, Ontario divorce lawyer James MacDonald answers: "In Ontario family law, there is a
waiting period of 31 days after the divorce judgment is granted..."
- "My spouse has had several affairs; it's one of the
reasons we split up. Can I use this against him in the divorce proceedings?"
Toronto and Maple, Ontario family lawyer Judith Holzman answers: "Conduct is irrelevant in
Ontario family law, unless it affects the ability of the other spouse to work..."
- "Should I tell my family lawyer the whole truth? There
are things I would like to keep to myself."
Toronto divorce lawyer Joe Sheridan answers: "A client asking this question may be embarrassed
to provide the full details of the situation..."
- "I
don't feel like my family lawyer is answering my questions. What can I do to change this?"
Toronto divorce lawyer Michael Cochrane answers: "Communication breakdown is the number-one
cause of problems between divorce lawyers and clients..."
- "How can we negotiate our divorce rather than battle
it out?"
Toronto divorce lawyer James MacDonald answers: "How can the parties to a divorce settle their
rights and obligations without going to court?..."
- "I
want to change my name back to my maiden name. How do I do this?"
Toronto, Ontario family lawyer Linda Ippolito answers: "Under the Change of Name Act, you may
resume the surname that you had before the marriage..."
- "Can I make modifications to my divorce judgment? My
circumstances have changed, and I'm going to need more support."
Toronto, Ontario family lawyer Michael Cochrane answers: "A divorce judgment is intended to be
a final decision. It dissolves the marriage permanently..."
- "My spouse wants a divorce. I don't. Can a lawyer
help me fight it?"
Toronto divorce lawyer Judith Holzman answers: "The right to have a divorce under the current
Divorce Act promulgated in 1985 is an inalienable right..."
- "What if I made a bad choice for my divorce
lawyer? Should I switch?"
Smart Divorce creator Deborah Moskovitch answers: "Switching lawyers takes time and costs
money, and it is not unusual for clients to misuse this option..."
- "My
ex-husband is not complying with the provisions of our divorce judgment concerning payment of child support and
spousal support. What are my options?"
Toronto, Ontario family lawyer Piyali Kundu answers: "A support payor has a legal obligation to
pay child support or spousal support to a support recipient..."
- "I
need to discuss something about my case, but my divorce lawyer is out of town. Can I just call my spouse's lawyer?
"
Toronto family lawyer and mediator Jill McLeod answers: "You might wish to do this for the sake
of convenience, but in fact the answer is..."
- "My
spouse wants a divorce. I don't. Can a lawyer help me fight it?"
Toronto, Ontario family lawyer George Eyre answers: "Your spouse can obtain an uncontested
divorce if there has been a breakdown in the marriage..."
- "Can I get a divorce without a family lawyer?
"
Ontario family lawyer and mediator Mary Satterfield answers: "The paperwork is somewhat
complicated, and there are strict rules about how to proceed..."
- "I
need to discuss certain aspects of my case. Can I call my spouse's divorce lawyer if mine is out of town?
"
Toronto, Ontario family lawyer Allen Cooper answers: "The rule is firm, yet many people, even
when they know the rule, think they can make an exception..."
- "Can I
object to the amount of fees charged by my divorce lawyer? How?"
Toronto divorce lawyer George Eyre answers: "When you first retain your family lawyer, it's
important to discuss how the lawyer will bill you..."
- "My
husband wants his divorce lawyer to represent both of us to save on fees. Is this a good idea?"
Toronto and Whitby, Ontario family lawyer Gary Stern answers: "Having one family lawyer
represent both parties is known as a 'conflict of interest'..."
- "Is
it true that going to court is the only way to ensure you'll get your fair share?"
Toronto family lawyer-mediator Victoria Smith answers: "The divorce court process is based on a
war model to produce a winner and a loser..."
- "My
ex-spouse is not complying with the provisions of our divorce judgment concerning payment of child support and
spousal support. What are my options?"
Toronto family lawyer George Eyre answers: "There are two basic methods of enforcement..."
- "Can you modify a prenuptial agreement?
"
Toronto divorce lawyer Steven Bookman answers: "Like all other contracts, it must meet certain
prerequisites in order to be binding and enforceable..."
- "If a divorced parent remarries, should he or she
make a new will for this?"
Toronto estates lawyer Ed Olkovich answers: "You must make a new will when you marry, because
the law declares any existing will automatically revoked..."
- "Is it
all right to date or have a sexual relationship with my family lawyer?"
Divorce lawyer-mediator Robert Burg answers: "In family law, there is something called 'the
appearance of impropriety.' This means that..."
- "If we don't need temporary orders and can
resolve all issues by agreement, do we need the court at any stage in the matter?"
You don't need the court except to process a divorce after all other issues arising out of the
marriage and separation are settled by agreement..."
- "Are we "separated" if we are living
apart from each other, but have not yet signed a separation agreement?"
Yes. Your status as a separated spouse does not depend on whether or not you signed a separation
agreement...."
(Top)
Mediation
issues:
- "Do I and my spouse need to be in the
same room if we go the mediation route for our children?"
“There are many advantages to having both parents in the same room while mediating parenting
plans. Firstly, much of mediation work in developing parenting plans involves education. I think it is important to
start with the academic literature in order to understand…"
- "What is co-mediation?"
Toronto divorce mediator Itasha O'Gilvie, answers: "Co-mediation means having two
mediators…"
- "My spouse and I are not talking at
this point. Will mediation work? Do we always meet together in mediation?"
Toronto divorce mediator Itasha O'Gilvie, answers: "Whether it works depends on how willing
each party is to sit down together, with a…"
- "What is mediation? How long will it take?
"
Toronto divorce mediator Itasha O'Gilvie, answers: "Mediation is a voluntary
process…"
- "What is mediation?"
Ottawa, Ontario family lawyer Marie-Hélène Godbout answers: "Mediation is an
alternative way of resolving separation and divorce issues. It allows for..."
- "Who
shouldn't use mediation?"

Toronto family lawyer Brahm Siegel answers: "Let's talk about some of the advantages and
disadvantages of mediation..."
- "My
husband and I have considerable assets (property, businesses, art, etc.). Will mediation work for us? Is it even
wise to mediate?"

Toronto divorce lawyer Evelyn Kohn Rayson answers: "Mediation is less expensive, quicker, and
less painful. It reduces animosity..."
- "What is mediation? How long will it take?
"
Toronto divorce mediator Itasha O'Gilvie answers: "Mediation is a voluntary process in which
opposing parties work with a neutral third party..."
- "My
spouse and I are not talking at this point. Will mediation work? Do we always meet together in mediation?
"
Toronto, Ontario divorce mediator Itasha O'Gilvie answers: "Whether it works depends on how
willing each party is to sit down together and..."
- "What is co-mediation?"
Toronto divorce mediator Itasha O'Gilvie answers: "Sometimes there may be very complex property
and financial issues emerging in the sessions..."
- "Do
children attend mediation sessions? What is included in a co-parenting plan?"
Toronto, Ontario divorce mediator Itasha O'Gilvie answers: "Occasionally, it may be necessary
to include children; however, the mediator ensures that..."
- "How can I prepare for a mediation session?
"
Toronto divorce mediator Itasha O'Gilvie answers: "Think through what you really want, that
will satisfy your concerns..."
- "What if we try divorce mediation and it doesn't work
out? Do we have to go to court, or are there other options?"
Ottawa, Ontario divorce lawyer-mediator Nigel Macleod answers: "Let's think of family dispute
resolution as a spectrum. On one side, there is..."
- "Is
divorce mediation for couples who want to reconcile?"
Toronto divorce mediator Hilary Linton answers: "It is common for one or both parties in a
divorce mediation to have conflicted feelings about separation..."
- "Is
it true that women do worse in divorce mediation than men do?"
Toronto divorce lawyer and mediator Barbara Landau answers: "This is a common fear, based on
the belief that women cannot assert their interests in divorce mediation..."
- "My spouse wants us to mediate our divorce. I
don't know much about divorce mediation. What are the benefits of mediation?"
Mississauga, Ontario divorce mediator and counselor Debra Rodrigues answers: "There are many
benefits to mediation that make it a very attractive method..."
- "If you and your spouse aren't speaking to one
another, can you still mediate your divorce?"
Thornhill, Ontario divorce mediator David Klegerman answers: "Divorce mediation is a dynamic
process of interaction leading to the resolution of conflict..."
- "My spouse just isn't cooperating in our divorce
mediation. What are my options?"
Thornhill, Ontario divorce mediator David Klegerman answers: "The perception that one spouse is
not cooperating is often triggered by what has not been heard..."
- "When does divorce mediation not work?
"
Smart Divorce creator Deborah Moskovitch answers: "In order for mediation to succeed, it
requires the will of the persons involved to come to an agreement..."
- "If
you and your spouse aren't speaking to each other, can you still mediate your divorce?"
Ontario divorce mediator Antoinette Clarke answers: "I understand your hesitation to become
involved in a meeting with your ex-spouse and a total stranger..."
- "If a
divorce involves complex issues, can you still use a divorce mediator?"
Toronto, Ontario family lawyer and mediator Marion Korn answers: "There are several types of
divorce mediation, and each is handled best by a mediator skilled in..."
- "If both family lawyers are settlement-minded, why
spend more money on a divorce mediator?"
Brampton, Ontario divorce mediator Colm Brannigan answers: "The legal system concerns itself
with the facts, and the results are often black and white..."
- "When
doesn't divorce mediation work? And what if I'm scared of the other party?"
Scarborough, Ontario divorce mediator Kent Clayton answers: "While divorce mediation results in
agreement on everything most of the time..."
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Property/Asset
issues:
- "My spouse and I each own 50% of a business that we ran together during the marriage. How can I buy my ex-spouse out and take control of the company?"
If the ex-spouses can't agree to continue operating the business together, the decision as to who gets to retain ownership and keep control of the company is the…
- "Should I move out of the house, will it affect the results of my divorce?"
Pursuant to Section 18 of the Family Law Act in Ontario, every property that is currently
being occupied or if the parties are separated, was occupied by the spouses as…
- "My spouse and I own a business together. How will a judge split the value?"
Note first – I've taken the 'how will a judge split it' to mean how will the judge split value as
opposed to any other form of splitting a business, and therefore reworded the…
- “The value of our home and
stocks goes up and down, how can we determine our overall asset? How would that impact my divorce settlement?
”
“When there is a breakdown of the marriage with no reasonable prospect of reconciliation, the
family property has to be valued and equalized (or divided). A major difference between marriage and a common law
relationship is the fact that there is no family property in a common law relationship…”
- My husband works for a publicly traded company, and part of his compensation is in the form of
restricted shares and options to purchase shares of the company. How are these dealt with in determining our
property division and Support Payments?
Toronto and London, Ontario forensic accountant Gordon Krofchick answers: “The Courts tend to
look at restricted share and stock option compensation as income when they become available. To see what this means,
we’ll need to define restricted shares and options and what ‘available’
means…”
- “I inherited money from my parents during our marriage; do I need to share that with my soon
to be Ex?”
Toronto-based mediator, negotiator, trainer and business consultant Nicholas C. Knight answers.:
“The law views marriage as an equal partnership between two individuals. In the event that a couple separates
or the marriage ends, property must be divided equally and each party will be entitled to 50 percent ..”.
- "How does the
division of property between spouses work?"
Toronto family lawyer Lorne Fine answers: "The Family Law Act provides for a
division…"
- "My husband and I own two large properties. Should I
take one of the properties in the divorce settlement?"

Toronto divorce lawyer Ken Nathens answers: "When people separate, they have to look at the
value of the assets accumulated during the marriage..."
- "My husband and I have been living together during our separation because we can't sell our
house nor afford two properties. How can we make our situation better?"
Mississauga and Oakville, Ontario financial planner June Oliver answers: "Decreased house
prices and economic downturn have contributed to..."
- "How is it determined which of our property is marital and which is separate?"
Ottawa divorce lawyer Nigel Macleod answers: "This is covered under Part I of the Ontario
Family Law Act. These matters are canvassed in..."
- "Can
I change the locks on my home to keep my partner out?"
Toronto and Maple, Ontario family lawyer Judith Holzman answers: "This is a common question for
those contemplating a separation from their partners..."
- "Is it better to take a house or a cash settlement?"

Toronto family lawyer Evelyn Kohn Rayson answers: "That would depend on what your lifestyle is
and what your future plans are..."
- "I want to litigate my divorce to get sole custody
and my fair share of the property. My lawyer insists that it would be better to negotiate outside of court. I
strongly disagree. What should I do?"
Markham, Ontario family lawyers Laura Fryer and Heather McGee answer: "You need to start by
asking yourself what you feel court can achieve for you..."
- "How is it determined which of our property is marital and which is separate?"
Toronto, Ontario divorce lawyer Ken Nathens answers: "I assume from the question that by
"marital property", you mean..."
- "We
were only married for two years and don't have a lot of assets. Do we really need to go through the whole divorce
process?"
Ottawa, Ontario divorce lawyer Russel Molot answers: "The divorce process is set up to allow
people to separate their lives in a final and absolute manner..."
- "Is it better to take more marital property -- like the house -- instead of spousal support or
a part of a pension?"
Toronto accountant and financial planner Douglas Lamb answers: "From a financial standpoint, it
doesn't matter, but from a non-financial view..."
- "What
is property division? What rights or obligations are involved?"
Married spouses (but not unmarried spouses or common law spouses), upon their separation, ..."
(Top)
Real Estate - Rent/Buy/Sell
issues:
- What are the basics in marketing my home?
Catherine M. Black, Toronto based Realtor® answers: "Marketing efforts and considerations
will include advertising…"
- We are selling the matrimonial home -- what do we
need to know?
Royal LePage Realty Plus Real Estate Sales Representative, Adele Paleta answers:"Divorce is
never an easy time, and having to sell the home you lived in will be emotional. If you keep a couple things in mind
during the process..."
- What is a home inspection, and why do I need one
when buying a home?
Royal LePage Realty Plus Real Estate Sales Representative, Adele Paleta answers:"Simply stated,
a home inspection is an unbiased visual examination and report on the physical structure and systems of the home
from the basement to the attic. Buying a home is most likely..."
- How do I find the best real estate agent to work
with us?
Royal LePage Realty Plus Real Estate Sales Representative, Adele Paleta answers:"Working with
the right real estate agent will mean a great deal in the long run, whether you are buying or selling a home. There
are many agents..."
- What are some tips on helping us sell our home for
the best value?
Royal LePage Realty Plus Real Estate Sales Representative, Adele Paleta answers:"Every seller
would like to sell their home fast and for top dollar. This involves careful planning with a professional real
estate agent, who can help..."
- What should I know when buying a home for the first
time?
Royal LePage Realty Plus Real Estate Sales Representative, Adele Paleta answers:"Buying a home
for the first time is an exciting time in your life, and it is also a scary time. There are many questions you have,
and your real estate agent..."
- What is the difference between a
contested divorce and an uncontested divorce?
Marketing Consultant to Rental Apartment Industry D. Sokolowski answers: "Looking for a
rental apartment, particularly if you're doing so for the first time, can be very stressful. We thought it..."
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