18 questions we are asked most often, answered under Ontario and Canadian law. General information only — not legal advice.
Do you take family clients from Timmins?+
Yes — much of our family practice is GTA-wide. Procedure runs largely electronically and virtually now, and Google Meet consultations mean distance never delays advice.
What does a family consultation cost?+
First 15 minutes free, then $199 per half-hour, confirmed with you before billed time starts. Defined work like separation agreements is quoted flat.
How soon can I speak with the lawyer?+
Usually within a couple of business days — sooner where there is urgency like a court date or a safety concern. Evening slots run to 7:00 PM weekdays.
Is Ontario a 50/50 property province?+
No, and this is the single most common misunderstanding we correct. Married spouses in Ontario equalize the increase in their net family property over the marriage — one spouse pays the other a sum of money so each keeps an equal share of the growth. Individual assets are not automatically split in half, and property brought into the marriage is generally credited back to the spouse who brought it, with the matrimonial home as the major exception.
Do common-law partners in Timmins divide property like married spouses?+
No. In Ontario, living together does not create a right to equalization of net family property no matter how long the relationship lasted. A common-law partner may still have a claim in unjust enrichment or constructive trust where they contributed to property held in the other partner's name, and common-law partners can owe each other spousal support. Property claims of this kind are fact-heavy, so early advice matters.
Do we have to be separated for a full year before divorcing?+
For a divorce based on relationship breakdown, yes — the Divorce Act requires one year of separation, although the application can be started before the year is up so the paperwork is ready. Adultery and cruelty are the two other grounds and do not require the one-year wait, but they must be proven and they rarely change the financial outcome. You can also be separated while still living under the same roof if you are genuinely living separate lives.
Who has to move out of the matrimonial home?+
Neither spouse, as a matter of right. Married spouses have an equal right to possession of the matrimonial home under the Family Law Act regardless of whose name is on title, and one spouse cannot force the other out by changing locks or selling. A court can order exclusive possession, and safety concerns can be addressed on an urgent basis, but until there is an order or agreement both spouses are entitled to be there.
How is child support calculated in Ontario?+
From the Federal Child Support Guidelines table using the payor's gross annual income, the number of children, and the province of residence. That table figure covers everyday costs. Child care, uninsured health expenses, post-secondary costs and genuinely extraordinary activities are added as section 7 expenses and shared in proportion to the parents' incomes.
If we share the children equally, does child support stop?+
Usually not. Once each parent has the children at least forty percent of the time, section 9 of the Federal Child Support Guidelines applies and the amount becomes discretionary — the court looks at the table amounts for both parents, the increased costs of the shared arrangement, and each household's means. In many shared-parenting cases the higher earner still pays something, though frequently less than the full table amount.
Is spousal support automatic in Ontario?+
No. Entitlement has to be established first, on a compensatory basis where the marriage caused an economic disadvantage, on a needs-and-means basis, or under a contract. Only then do amount and duration get addressed, usually with reference to the Spousal Support Advisory Guidelines ranges. Those Guidelines are advisory — they are not legislation, and courts are not bound by them.
How long does spousal support last?+
It depends on the length of the relationship and whether there are dependent children. Under the Spousal Support Advisory Guidelines, without children the duration range is commonly expressed as roughly six months to one year of support for each year of cohabitation, with support becoming indefinite where the relationship was long or the recipient's age at separation is high. With dependent children the analysis changes and is tied to the children's circumstances.
What happened to the word "custody" in Ontario?+
Federal and Ontario legislation moved away from it. Since March 1, 2021 the Divorce Act and the Children's Law Reform Act use decision-making responsibility for who decides on health, education, religion and significant activities, parenting time for the schedule, and contact for non-parents such as grandparents. Older orders using the previous language remain valid and enforceable, and many people still search using the old words.
Does a mother have a stronger claim to the children than a father?+
No. Canadian law contains no gender preference and no presumption in favour of either parent. The only test is the best interests of the child, applied to the statutory factors — the child's needs, the strength of each relationship, each parent's willingness to support the child's bond with the other parent, and any family violence.
Can I move to another city with my children after separating?+
Not unilaterally, if the move would affect the other parent's time. The Divorce Act requires sixty days' written notice of a relocation in the prescribed form, setting out where you are going, when, and how parenting time would work afterwards. The other parent can object, and the court then decides on the child's best interests. Moving first and asking later is the approach most likely to be reversed.
Is there a deadline to make a property claim?+
Yes, and it is easy to miss. An equalization claim under the Family Law Act must generally be brought within six years of separation or two years of a divorce order, whichever comes first. Waiting years to sort out finances after a separation can extinguish a valid claim entirely, which is why we would rather see you early even if nothing is being filed yet.
Do we have to go to court to separate?+
No, and most Ontario families do not. A separation agreement negotiated between lawyers, through mediation, or in a collaborative process resolves parenting, support and property without a courtroom, and courts encourage exactly that. Court becomes necessary when there is urgency, non-disclosure, a real safety concern, or one side simply refuses to engage.
Does living in Timmins change how my family case is decided?+
No. The Divorce Act is federal and the Family Law Act applies across Ontario, so the governing law is identical wherever in the province you live. Location affects only practical logistics — which courthouse the file sits in and how far you travel for a signing. Filing and many attendances run electronically, so distance rarely changes the substance or the timeline.
What does a family consultation cost, and what should I bring?+
The first 15 minutes are free, then $199 per half-hour, and we confirm the rate with you before billed time begins. Bring the separation date, a rough list of assets and debts for both spouses with approximate values, recent income documents, and any agreement or court document already in existence. That preparation is what turns a short consultation into useful direction rather than general background.