Quinn Law's experienced lawyers offer practical and professional advice relating to all aspects of family law, including division of property, child and spousal support issues and custody and access concerns. We also have lawyers who specialize in real estate, corporate and estate planning concerns, which often relate to family law issues.

Wondering if you need a lawyer?

If you are going through marital separation, or just considering it, then you need to book a consultation with a family law lawyer. Our family law counsel will explain and demystify the process that you will go through as a result of the termination of your marriage. You will be advised of your rights, and what you will be entitled to and/or responsible for in terms of property division, spousal support and child support.

When going through this difficult period in your life, you need to create a support system that will assist you through this process. Your family lawyer is a key part of that system. At Quinn Law, our goal is to make this transition in your life as smooth and painless as possible.

What if my spouse and I agree on everything?

If you and your spouse are in agreement about terminating the marriage and about the terms of the financial division of your property and support – you're off to an excellent start! In order to protect your interests, and that of your spouse, it is important for each of you to have your own counsel to draft the appropriate documentation to reflect your agreement, in order to ensure that it will be legal and binding. Quinn Law will also be able to advise you on whether the terms you have agreed upon are fair to each party under the current legislation in Ontario. We will work collaboratively with your spouse's counsel to finalize the documentation, making this a smooth and cost-effective transition in your life.

What if we're not on speaking terms?

Going through a separation and divorce often means that the relationship between you and your spouse has deteriorated significantly and may be filled with anger and hostility. At Quinn Law, we believe in working with our clients and the other party and their lawyer in order to reach a resolution as quickly and cost-efficiently as possible. This may still be achieved if both parties are cooperative and interested in resolving their issues without going to court, even if you are not speaking.

Sometimes, the other party may not be cooperative, or emotions prevail over logic and we end up in a litigious situation, where the matter is resolved at court instead of collaboratively between lawyers and their clients. At Quinn Law, whether we are working collaboratively, or in a litigious situation, we always keep your best interests at the forefront, and aggressively pursue a fair resolution to the matter.

Quinn Law – a positive experience with excellent results

Please contact Quinn Law for your free 20 minute consultation.

How fast can I get a divorce?

A person who seeks a divorce may have the process expedited if:

1. He/she has been living separate and apart for at least 1 year,
2. There are no children of the marriage,
3. He/she does not own any real or personal property which has to be equalized; or,
4. The parties do have children and own property but, they agree to pursue claims for relief separate from their claim for divorce.

An Application for divorce may be commenced before the one-year separation period; however, a divorce order will not be granted until the expiry of the one-year period, unless the divorce is sought on a basis other than the one year separation.

The only real ground for divorce is the breakdown of the marriage. The breakdown of the marriage is proved by: a one year separation (as above), adultery, and cruelty.

What are the steps and costs in getting a divorce?

A married person who meets the criteria set out in 1. A), B) and C) above, may apply for a simple divorce using Form 8A of the Family Law Rules Forms. There are five (5) sets of forms (set out below) which are required to be completed in an Application for a Simple or Joint divorce.

The divorce application may be submitted by one spouse or it may be submitted as a joint application with both parties listed.

1. Form 8A Application
2. The Clearance Certificate
3. Affidavit in Support of Divorce
4. Divorce Order
5. Certificate of Divorce

The Clearance Certificate is a form which the court sends to Ottawa requesting clearance to grant the divorce. If there are no other divorce cases involving the applicant and the respondent, the Central Registry will issue a Clearance Certificate and send it back to the court where the divorce will be issued. A court will not grant a divorce until the clearance certificate is received.

There are various filing fees which applicants are required to pay to the court when filing an application, setting down the matter for a divorce order or taking out a Certificate of Divorce. In most jurisdictions filing fees for a divorce are as follows:

• an application $167.00
• setting the matter down for a divorce $280.00
• Certificate of Divorce $19.00

The Applicant for a divorce may complete the five documents him/herself; however, it is always prudent to seek the advice of an experienced family law lawyer as incomplete or incorrect documents will be rejected by the court. Contact Quinn Law today. Our trained counsel will effectively and efficiently advise you in matters of Separation, Divorce, Custody, Access, Child Support and Spousal Support.

Applications for a simple or joint divorce could be processed in as little time as three to six months. However, an Application for divorce which requires the court to make an order for equalization of net family property or any corollary relief such as custody and support can become extremely complicated. Let one of the lawyers at Quinn Law assist you with your family law needs.

Equalization of Net Family Property

What is Net Family Property:

Net Family Property: Whenever spouses separate and any one of them seek a divorce, each spouse is required to prepare and submit a financial statement detailing all their assets and liabilities. Net family property means the value of all the property, except property described as excluded property, that a spouse owns on the valuation date, after deducting,

1. A spouse's debts and other liabilities, and
   
2. The value of property, other than a matrimonial home, that the spouse owned on the date of the marriage, after deducting the spouse's debts and other liabilities, calculated as of the date of the marriage;

There are exceptions with respect to certain property (real or personal) that one would not include on one's financial statement. Excluded property that are not included in the valuation of the spouse's net income are:

• Property, other than a matrimonial home, that was acquired by gift or inheritance from a third person after the date of the marriage.
  
• Income from property referred to in paragraph a, if the donor or testator has expressly stated that it is to be excluded from the spouse's net family property;
  
• Damages or a right to damages for personal injuries, nervous shock, mental distress or loss of guidance, care and companionship, or the part of a settlement that represents those damages;
  
• Proceeds or a right to proceeds of a policy of life insurance as defined in the Insurance Act, that are payable on the death of the life insured;
  
• Property, other than a matrimonial home, into which property referred to in paragraphs a to d can be traced;
  
• Property that the spouses have agreed by a domestic contract is not to be included in the spouse's net family property.

Separation and Divorce can be quite stressful. Be informed, know your rights. If you or a family member, relative, or friend is going through a separation, contact Quinn Law to speak to one of our experienced family law counsel. We can help to reduce your stress by advocating on your behalf to get the best result possible under the law.

Child Custody

When couples separate, the separation is seldom amicable. As a result, they seldom make arrangements for the custody and or support of the child(ren). Upon separation, it is important that the parties take steps to arrange for the custody, access, and/or support of their child(ren). This can be done through a detailed separation agreement which sets out terms and conditions respecting all of the parties' issues or it could be a simplified agreement which deals with just the issues of custody and support.

The parties could prepare a small one-page agreement which addresses who will be granted custody, whether custody will be interim or final; sole or joint; whether the child will have a primary residence or reside one week with one parent and the following week with the other parent; how much support will be paid per month, if the support being paid is below the child support guidelines then an explanation why, and, whether payments of section 7 expenses including but not limited to activities such as babysitting, camp, after school programs, music lessons, etc. will be paid by the non-custodial spouse.

If you are separated and not able o agree with your spouse on issues of custody, access, and child support, you may need the services of a lawyer to advise you of your legal rights. Become informed, contact Quinn Law office today for a consultation.

Child Support

The law mandates that child support must be paid to the parent who has custody. Even when both parties share custody and the child(ren) split time evenly between parents, the parent with the higher income is obligated to pay child support.

There are Ontario Child Support Guidelines and Federal Child Support Guidelines. Both the Ontario and the Federal Support Guidelines are virtually identical. However, if one makes a claim for child support under the Family Law Rules, then the Ontario Guidelines would be used to calculate support. However, a claim for support brought under the Divorce Act would use the Federal Guidelines to calculate child support.

The child support guidelines calculate support based on the payor's income and the number of children for which support is being paid. For example, pursuant to the Child Support Table for Ontario, a person would be obligated to pay support commencing at a gross annual income of $7000.00, wherein the monthly child support amount for one child would be $14.00 and increases incrementally with one's income. A non-custodial parent making an income of $50,000.00 is obligated to pay the amount of $429.00 per month in child support for one child, $700.00 per month for two children and $917.00 per month or three children.

At Quinn Law, we have experienced family law lawyers available to advise you of your legal rights. We know that the period of separation is quite stressful so we will make ourselves available for a consultation at your convenience. Call us today.