I’m a divorce lawyer in Ontario and I’ve been helping people get divorced and begin their new lives for over 30 years. I understand that when the decision to divorce is made, the natural course of action is to seek out an experienced divorce lawyer to help you through the process, but cost can be a major issue. Hiring a lawyer with expertise in Ontario Family Law starts at an average of $5,000. If your case turns into a fierce battle between you and your spouse, the average cost of divorce can skyrocket to $50,000, if not more, making access to justice inaccessible for most people.

Recently, the newly elected Treasurer of the Law Society made the following observations:

“The gap between those who require legal services and advice and those who can afford it continues to widen. Our laws and legal processes are becoming more complex. It has become more difficult for lawyers and the public alike to navigate our system effectively. Technological advances increase the speed of communication and the availability of legal information, but the legal system has yet to fully address the impact of these changes.”

Like most people in Ontario, I believe that the laws and justice system in Ontario are essentially fair and should be easily accessed to resolve a legal problem usually with the assistance of a lawyer. As the Treasurer points out, it is time for the legal system to address how to apply technology to bridge the gap between those who can afford legal services and the increasing numbers who cannot.

A simple innovation would be computer automation. I have been advocating for the automation of court forms for years. Waiting for the Government to provide this service is like waiting for a glacier to melt. We need to innovate. We need new methods for the delivery of legal services.

The legal assistance needed will depend on the complexity of the legal issues. Websites like My Ontario Divorce offer online platforms that help individuals create their own Ontario Divorce forms at a fraction of the cost that I would charge to prepare them in my office. It’s just the beginning of bridging the gap between the legal haves and have-nots. But, it’s a start.

With that said, if you are caught will in a nasty battle with your spouse who has a lawyer, you may feel more confident if you had one too. If you are in this position sometimes there is no price tag you can place on your sanity. We always recommend that if you in volatile situation with your spouse that you seek an experienced family law lawyer who has your best interest in mind.

For access to more information and free resources about separation, uncontested divorce and contested divorce visit http://www.myontariodivorce.com or http://www.bermanbarristers.com.

I’m a divorce lawyer in Ontario and I’ve been helping people get divorced and begin their new lives for over 30 years. I understand that when the decision to divorce is made, the natural course of action is to seek out an experienced divorce lawyer to help you through the process, but cost can be a major issue. Hiring a lawyer with expertise in Ontario Family Law starts at an average of $5,000. If your case turns into a fierce battle between you and your spouse, the average cost of divorce can skyrocket to $50,000, if not more, making access to justice inaccessible for most people.

Recently, the newly elected Treasurer of the Law Society made the following observations:

“The gap between those who require legal services and advice and those who can afford it continues to widen. Our laws and legal processes are becoming more complex. It has become more difficult for lawyers and the public alike to navigate our system effectively. Technological advances increase the speed of communication and the availability of legal information, but the legal system has yet to fully address the impact of these changes.”

Like most people in Ontario, I believe that the laws and justice system in Ontario are essentially fair and should be easily accessed to resolve a legal problem usually with the assistance of a lawyer. As the Treasurer points out, it is time for the legal system to address how to apply technology to bridge the gap between those who can afford legal services and the increasing numbers who cannot.

A simple innovation would be computer automation. I have been advocating for the automation of court forms for years. Waiting for the Government to provide this service is like waiting for a glacier to melt. We need to innovate. We need new methods for the delivery of legal services.

The legal assistance needed will depend on the complexity of the legal issues. Websites like My Ontario Divorce offer online platforms that help individuals create their own Ontario Divorce forms at a fraction of the cost that I would charge to prepare them in my office. It’s just the beginning of bridging the gap between the legal haves and have-nots. But, it’s a start.

With that said, if you are caught will in a nasty battle with your spouse who has a lawyer, you may feel more confident if you had one too. If you are in this position sometimes there is no price tag you can place on your sanity. We always recommend that if you in volatile situation with your spouse that you seek an experienced family law lawyer who has your best interest in mind.

For access to more information and free resources about separation, uncontested divorce and contested divorce visit http://www.myontariodivorce.com or http://www.bermanbarristers.com.

The financial shock is only part of the trauma people experience when going through a divorce,” said Bob Berman, a Toronto divorce lawyer. “The emotional trauma is just as devastating because of the gut-wrenching decisions that have to be made such as: who will provide how much financial support to whom; what to do with any property you own; and how will one couple’s income suddenly fund two separate lives?

Berman, a senior member of the Family Law Bar of Ontario, has successfully guided countless people through the divorce process and the Ontario Family Court system over the last 30 years. He created MyOntariodDivorce.com to prove that it is possible to negotiate your own Separation Agreement or successfully represent yourself in the Ontario Family Courts and obtain a divorce without hiring an expensive divorce lawyer- like him.

Whether you can afford to hire a lawyer or choose to take the do-it-yourself route, Berman advises people to do their homework first to learn more about the process and the journey they are about to embark upon. A visit to MyOntarioDivorce.com is a good place to start. Below, Berman provides some of the information that can be found on his website and dispels the most common divorce myths he encounters in his practice.

Debunking Divorce: Myth vs. Reality

Myth: Paying child support entitles a parent to access with the children.
Truth: Child support is ordered to distribute the costs of child care between the parents. If a Canadian divorce law court orders you to pay child support, that doesn’t mean that the court will also grant you access to the children. On the other hand, if you’re not ordered to pay child support in Canada, the other parent can’t deny you access to the children for that reason.

Myth: If both spouses are employed outside of the home, the courts won’t order spousal support.
Truth: It’s true that courts are more likely to order spousal support in cases where one spouse didn’t work outside of the home. But spousal support is also regularly awarded even when both spouses had jobs. Some factors that a court is likely to consider include: how great the difference is between the income of the spouses; and how long the relationship lasted.

Myth: If I hire a good divorce lawyer, I will get everything I want from my divorce.
Truth: You shouldn’t expect to get everything you ask for when going through a separation or divorce. Of course, you can refuse to compromise on anything, but this approach tends to backfire and only makes the process of divorce that much more strenuous.

Myth: I will be happy as soon as my divorce is final.
Truth: Many separated or divorced people seem to be deferring their happiness until they achieve certain goals. We tell ourselves; “I’ll be happy when my divorce is finalized,” “I’ll be happy when I get custody of the kids,” “I’ll be happy when I finally meet that one person in the world who’s right for me.”

Dr. Barbara De Angelis, a relationship therapist, calls this behaviour the “I’ll be happy when syndrome”; we sabotage our happiness by postponing it until some outside event or occurrence changes our lives forever. The truth, however, is that happiness is not an acquisition, it’s a skill. It’s not about what we get or experience, it’s about the way we live our lives every day.

A separation occurs when one or both spouses decide to live apart with the intention of not living together again. Once you are separated, you may need to discuss custody, access and child support with your spouse. You may also need to work out issues dealing with spousal support and property. You can resolve these issues in different ways:

• You can negotiate a separation agreement. A separation agreement is a legal document signed by both spouses which details the arrangements on which you have agreed. In some jurisdictions, independent legal advice is required to make the document legally binding.
• You can make an application to the court to set up custody, access, support and property arrangements under the provincial or territorial laws that apply to you.

• You can come to an informal agreement with your spouse. However, if one party decides not to honour the agreement, you will have no legal protection.

2. Ho To Legally End a Marriage

To legally end your marriage, you need a divorce, which is an order signed by a judge under the federal law called the Divorce Act.

3. How to Separate From Your Spouse If You Were Never Legally Married

What if we were never legally married?

If you are not legally married, divorce does not apply to you. However, you can still negotiate a separation agreement or make an application to the court under the laws in your province or territory to set up custody, access, child support and other arrangements. Common-law spouses have fewer rights upon separation than married couples.

4. Divorce Proceedings

The marriage is not over until a judge grants you a divorce order at the end of the process.

Before you begin divorce proceedings, you may wish to consider whether marriage counseling could help you and your spouse. Once you have started formal divorce proceedings, you may stop the process at any time if you and your spouse wish to think about reconciling.

5. Who Can Apply for a Divorce in Canada

You can apply for a divorce in Canada if:

• you were legally married in Canada or in any other country; and
• you intend to separate permanently from your spouse and believe there is no chance you will get back together, or you have already left your spouse and do not intend to get back together; and

• either or both of you have lived in the Canadian province or territory for at least one year immediately before applying for a divorce in that province or territory.

6. Who is to Blame

Do I need a reason to get a divorce?

To get a divorce, you will have to show that your marriage has broken down. The law says marriage breakdown has occurred if:

• you and your spouse have lived separate and apart for one year with the idea that your marriage is over; or
• your spouse has committed adultery and you have not forgiven your spouse; or

• your spouse has been physically or mentally cruel to you, making it unbearable to continue living together. Cruelty may include acts of physical violence and those causing severe mental anguish.

You can get a divorce if one of these situations applies to you.

7. Proving Who is Responsible

Do I have to prove that my spouse is responsible for our marriage breakdown?

Under the Divorce Act, you do not need to prove that your spouse was at fault in order to get a divorce. If the reason you are asking for a divorce is marriage breakdown, shown by one year of living apart, either of you can request a divorce. It does not matter which one of you decided to leave. In fact, the law gives you the choice of applying to the court together to ask for a divorce.

However, if the reason you are asking for a divorce is marriage breakdown because of adultery or mental or physical cruelty, you will have to have proof of what happened.

8.  How to Get Started

How do I start a divorce application?

It is always advisable when starting a divorce application to speak to a lawyer knowledgeable about family law. A lawyer can tell you exactly how the law applies to your situation and how to protect your rights. You can then decide what to do.
• To start a divorce application, you fill out the appropriate forms for your province or territory. If you have a lawyer, he or she will fill out the forms for you and will be responsible for processing the divorce. You may obtain forms at government bookstores, some private bookstores and, in some cases, from the Internet. In some jurisdictions, court offices and information centers provide forms.

• There are a few things in particular that you have to include in the forms. If there is a child of the marriage, you need to write down the parenting arrangements, including financial support. If these arrangements are in dispute, you will need to describe the arrangements that you are seeking.

• Once you have completed all the forms, you file them at the courthouse, pay the required court fees, and follow the court rules and procedures for your province or territory.

8. Giving the Your Marriage a Second Chance

What if I apply for a divorce and then try to live with my spouse again?

Before or after you have applied for a divorce on the ground of one-year separation, you can live together for up to 90 days for the purposes of reconciliation. If things don’t work out, you can continue your action for a divorce as if you had not spent this time together.

What happens if my spouse and I agree on all the issues raised by the divorce?

9. When Both You and Your Spouse Want a Divorce

If you and your spouse agree on all issues, you have an uncontested divorce.

10. More Information

You can learn more and obtain further information about divorce at

http://www.russellalexander.com/divorce.htm#1

1. The difference between separation and divorce

A separation occurs when one or both spouses decide to live apart with the intention of not living together again. Once you are separated, you may need to discuss custody, access and child support with your spouse. You may also need to work out issues dealing with spousal support and property. You can resolve these issues in different ways:

• You can negotiate a separation agreement. A separation agreement is a legal document signed by both spouses which details the arrangements on which you have agreed. In some jurisdictions, independent legal advice is required to make the document legally binding.

• You can make an application to the court to set up custody, access, support and property arrangements under the provincial or territorial laws that apply to you.

• You can come to an informal agreement with your spouse. However, if one party decides not to honour the agreement, you will have no legal protection.
To legally end your marriage, you need a divorce, which is an order signed by a judge under the federal law called the Divorce Act.

2. If you were never legally married

If you are not legally married, divorce does not apply to you. However, you can still negotiate a separation agreement or make an application to the court under the laws in your province or territory to set up custody, access, child support and other arrangements. Common-law spouses have fewer rights upon separation than married couples.

3. Your marriage does not end once you begin divorce proceedings

The marriage is not over until a judge grants you a divorce order at the end of the process.
Before you begin divorce proceedings, you may wish to consider whether marriage counselling could help you and your spouse. Once you have started formal divorce proceedings, you may stop the process at any time if you and your spouse wish to think about reconciling.

4. Who can apply for a divorce in Canada

You can apply for a divorce in Canada if:

• you were legally married in Canada or in any other country; and

• you intend to separate permanently from your spouse and believe there is no chance you will get back together, or you have already left your spouse and do not intend to get back together; and

• either or both of you have lived in the Canadian province or territory for at least one year immediately before applying for a divorce in that province or territory.

5. Reasons to get a divorce

To get a divorce, you will have to show that your marriage has broken down. The law says marriage breakdown has occurred if:

• you and your spouse have lived separate and apart for one year with the idea that your marriage is over; or

• your spouse has committed adultery and you have not forgiven your spouse; or

• your spouse has been physically or mentally cruel to you, making it unbearable to continue living together. Cruelty may include acts of physical violence and those causing severe mental anguish.
You can get a divorce if one of these situations applies to you.

6. Proving who is responsible for your marriage breakdown

Under the Divorce Act, you do not need to prove that your spouse was at fault in order to get a divorce. If the reason you are asking for a divorce is marriage breakdown, shown by one year of living apart, either of you can request a divorce. It does not matter which one of you decided to leave. In fact, the law gives you the choice of applying to the court together to ask for a divorce.
However, if the reason you are asking for a divorce is marriage breakdown because of adultery or mental or physical cruelty, you will have to have proof of what happened.

7. How to start a divorce application

It is always advisable when starting a divorce application to speak to a lawyer knowledgeable about family law. A lawyer can tell you exactly how the law applies to your situation and how to protect your rights. You can then decide what to do.

• To start a divorce application, you fill out the appropriate forms for your province or territory. If you have a lawyer, he or she will fill out the forms for you and will be responsible for processing the divorce. You may obtain forms at government bookstores, some private bookstores and, in some cases, from the Internet. In some jurisdictions, court offices and information centers provide forms.

• There are a few things in particular that you have to include in the forms. If there is a child of the marriage, you need to write down the parenting arrangements, including financial support. If these arrangements are in dispute, you will need to describe the arrangements that you are seeking.

• Once you have completed all the forms, you file them at the courthouse, pay the required court fees, and follow the court rules and procedures for your province or territory.

8. Living with your spouse again after you have applied for a divorce

Before or after you have applied for a divorce on the ground of one-year separation, you can live together for up to 90 days for the purposes of reconciliation. If things don’t work out, you can continue your action for a divorce as if you had not spent this time together.

9. When you and your spouse agree on all the issues raised by the divorce

If you and your spouse agree on all issues, you have an uncontested divorce.

10. Further Information

You can learn more and obtain further information about divorce at

http://www.russellalexander.com/divorce.htm#1

Here are some points about the new process:

• will allow greater access to legal advice earlier in the divorce process
• will come into effect March 1, 2010
• to be implemented in two pilot jurisdictions: Brampton and Milton, and then eventually throughout the province
• no new public funding – all funds will come from a pool of $150 million previously earmarked for Ontario’s Legal Aid program

Click here to find out more: http://www.divorcemag.com/articles/Divorce_News/snapshot-ontario-changes-divorce-process.shtml

Martha Chan is the co-owner and V.P. Marketing of Divorce Marketing Group and Divorce Magazine.