Litigation Lawyers in Old Milton

Why Hire a Litigation Lawyer in Old Milton

• Skilled negotiation to resolve disputes before trial.
• Experienced courtroom advocacy if settlement fails.
• Thorough case analysis and tailored legal strategy.
• Efficient management of evidence and documentation.
• Clear communication and regular case updates.

Our Litigation Services

• Civil and family law litigation from start to finish.
• Custody and access enforcement applications.
• Spousal and child support enforcement and variation.
• Property division and debt allocation disputes.
• Emergency motions, injunctions, and interlocutory relief.
• Negotiation, mediation, and full trial representation.

Frequently Asked Litigation Questions in Old Milton

How can I obtain custody and/or access to my child?

File an application under the Family Law Act, outlining your desired arrangements. Our team will gather supporting evidence and represent you in mediation or court to secure custody or access rights.

Do I qualify to receive spousal support?

Eligibility depends on factors like marriage duration, income disparity, and caregiving roles. We assess your circumstances against the Spousal Support Advisory Guidelines to determine qualification.

How long will the separation process take?

Timeline varies: uncontested separations may resolve in months, while contested matters can take over a year. We streamline procedures and push for timely resolutions whenever possible.

How will we split our assets?

Ontario law mandates equal division of matrimonial property, subject to exclusions. We inventory assets, negotiate valuations, and advocate for a fair division or present your claim at trial.

What will happen to our matrimonial home?

The home is treated as matrimonial property and split equally unless spouses agree otherwise. We advise on stay-put orders, buyout options, or sale arrangements to protect your interests.

Can a spouse refuse access if child support is not paid?

No, child support and access are separate legal rights; support does not bar visitation. If access is withheld, we can seek enforcement or contempt orders in court.

What happens if my ex defaults on support payments?

Your remedy is an application for enforcement through family responsibility offices or court. We handle garnishments, writs of seizure, and motions to compel compliance.

What is a nesting order?

A nesting order keeps children in the family home while parents rotate in and out. We evaluate suitability and draft agreements or apply to the court for an order that serves your family’s needs.

What is the difference between separation and divorce?

Separation is the act of living apart and resolving financial and parenting issues, while divorce legally ends the marriage. We guide you through separation agreements and then file divorce applications when you’re ready.

How do I become common law?

In Ontario, you qualify after three years living together or sooner if you have a child. We help document cohabitation and protect your rights through cohabitation agreements or declarations.

Can I move with my child if I’m receiving child support?

You need court permission or consent from the other parent if the move impacts access. We prepare relocation applications and advocate for arrangements that preserve support and parenting time.

Will I have to go to court if I get a divorce?

Many divorces settle by agreement, but contested issues may require court hearings. We represent you at all stages, ensuring your rights are defended whether in negotiation or trial.

What happens if my spouse starts court proceedings immediately after separation?

We monitor court filings to protect your deadlines and position. Our team files responding motions and sets strategic timelines to manage or counter their application.

Does it make a difference who files for divorce first?

Filing first sets certain procedural timelines but doesn’t affect property division or support entitlements. We advise on timing and prepare your application to minimize delays.

How will debts be divided between spouses?

Debts incurred during the marriage are generally split equally. We review liabilities, negotiate off-sets, and argue for equitable distribution or indemnity in court.

What is financial disclosure during a separation?

Both parties must exchange complete financial statements, including assets, debts, income, and expenses. We prepare your disclosure package and review the other side’s documents for accuracy.

What are the costs of hiring a litigation lawyer?

Fees vary by complexity, estimated hours, and court stages. We provide transparent estimates, retainer agreements, and billing reports to clarify costs upfront.

If I can’t afford a lawyer, can I get legal aid?

Ontario’s Legal Aid assists eligible low-income clients. We guide you through the application process or explore pro bono options when public funding isn’t available.

How often will you communicate about my case?

We schedule regular updates by phone or email and are available for urgent inquiries. Your case manager ensures you stay informed at every milestone.

What steps keep communication amicable with my spouse?

Set clear boundaries, use written agreements, and consider mediation for sensitive topics. We draft communication protocols and facilitate dialogue to reduce conflict.

What is the typical process for resolving family law matters?

You begin with consultations, move to negotiations or mediation, then to court if needed. We manage each phase with strategic planning to reach efficient and fair resolutions.

What is your experience in family law?

Our litigators have decades of combined experience handling complex family cases in Old Milton. We bring proven trial records and negotiation successes to every matter.

How many cases have you settled versus gone to trial?

We settle the majority through negotiation but prepare thoroughly for trial when necessary. Our track record balances amicable resolutions with confident courtroom wins.

Is what my spouse doing legal?

Assessing legality requires reviewing specific actions against Family Law Act provisions. We analyze their conduct and advise on any available remedies or injunctions.

Can I make an official report if my spouse won’t return my children?

You can file a motion for contempt or breach of access. We draft and file the application, seeking court orders or enforcement measures as needed.

What is a simple divorce?

Often called an uncontested divorce, it occurs when parties agree on all terms before filing. We prepare and review your agreement, then finalize the divorce quickly and cost-effectively.

Can I visit your offices now?

Our offices welcome clients by appointment to ensure confidentiality and attention. Contact us to schedule your in-person consultation at your convenience.

My partner wants separation and support while living together—is that legal?

Living together while negotiating separation is possible but complex for support calculation. We draft agreements outlining interim support and living arrangements to protect your position.

What is the difference between property division for married vs. common-law?

Married spouses split family property equally, while common-law partners claim only on relationship breakdown. We advise on specific rights and potential claims under the Family Law Act.

Can I bring someone to meetings with my lawyer?

Yes, clients may bring support persons, translators, or experts to meetings. We accommodate your needs while maintaining confidentiality and focus.

How long does it take to file a divorce?

Once documents are prepared, filing and processing take about six to eight weeks. We handle service and follow-up to keep your case on schedule.

Do I need a cohabitation agreement if renting together?

A cohabitation agreement clarifies rights and obligations even when renting. We draft agreements to address property, support, and financial arrangements tailored to your living situation.

Are same-sex partners classed as common-law?

Yes, Ontario recognizes same-sex couples under common-law criteria after three years or with a child. We document your relationship status and protect your entitlements accordingly.

If I live with my partner but not on the lease, do I have rights if something happens?

Without lease status, you may have fewer tenancy rights but family property claims may still apply. We assess your cohabitation period and advise on possible claims or agreements to secure your interests.

Contact Us

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