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Search Results for: case law – Page 3

Staying organized during a divorce

The value of being organized during divorce

During a divorce, there are a lot of things to keep track of such as financial records, transcripts, bills and receipts and lots of legal documentation. In fact, keeping track of all of this can almost be like a full-time job in itself. But the important step of collecting and organizing all information relevant to your relationship is vital to

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Legal mediation for a divorce

What to expect when preparing for legal mediation

When the terms of a family law dispute such as a divorce cannot be resolved by either party, one option gaining in popularity that couples may choose to pursue is mediation. In mediation, a trained lawyer or other professional will sit with both parties as an independent third-party. They do not take sides but instead use their experience and objectivity

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How to get legal custody of the family dog

If it is apparent that your marriage is headed for a divorce, or if you or your partner has already filed for divorce, then thoughts will inevitably turn towards how different assets and possessions will be evenly divided. It’s possible to split finances down the middle – but what about the family dog? Who keeps the dog? Though a family

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Should I get a prenup?

When you consider all the details that a newly engaged or married couple needs to take care of, signing a prenup certainly doesn’t rate as one of the most glamorous tasks. However, it can be one of the most essential for protecting your financial future. Signing a prenup might feel like you’re condemning the relationship to failure right from the

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Can my request for a divorce be denied?

Some divorces are the result of a mutual agreement between married partners — but others may come as a shock and a surprise. The one who is being served divorce papers may not agree that the relationship is lost and could consider making an attempt to save their marriage by blocking the divorce. In other situations, a party may attempt

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Can I get a divorce if my partner is an alcoholic?

When casual drinking begins to go too far, it may start to take a toll on a relationship. Alcohol may play a role in breaking down trust or respect for one’s partner, it may be a significant source of financial problems, or in severe cases can be the catalyst for physical or verbal abuse. Some people take on a whole

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A new couple wondering about spousal support requirements.

Does spousal support end when you start a new relationship?

Spousal support may be necessary after the end of a marriage or relationship where one of the partners was more involved in generating a larger portion of the family income. It provides a fair balance while both parties adjust to their new lives and prevent people who relied heavily on their partner for financial stability from losing the lifestyle they

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A mother telling her daughter that she is getting a divorce

How to tell your kids that you are getting a divorce

If you are thinking about getting a divorce, chances are that you’ve already got a lot on your mind. It’s easy to have so much focus on preparing documents and making arrangements with your family lawyer that you might not know how to break the news to your children easily. Naturally, the age of the children plays a huge role

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Meet Kamla

Kamla O. Lewis obtained her Bachelor of Arts degree (Political Science) from York University and her Bachelor of Law degree from Queen’s University.  She was called to the Ontario Bar in June 2005.  Her practice is dedicated exclusively to Family Law. Kamla is experienced in all aspects of Family Law matters; Kamla’s clients trust her to recognize the unique complexities

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A recent divorcee packs their bags to move to another province

Can I file for divorce from another province?

The process of getting a divorce can be a very substantial upheaval in one’s life. In order to escape the stress or emotional turbulence, it could be possible to consider the possibility of simply moving far away and completing a long distance divorce. But is this even legally possible, or are there restrictions on where, when and how you can

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A divorcing parent and their child

How child support orders are enforced in Ontario

After a divorce case, or separation, is finalized, all the terms and conditions of child support will be arranged and made clear to each of the parties involved, in an agreement or court order. Since this is a legal action, it can’t be overturned without evidence of a change in circumstances that has makes it necessary to revisit the process.

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A drug user going through a divorce because of their substance abuse

Substance Abuse and Divorce

A substance abuse issue can severely impact a relationship and could even be the primary cause of a divorce or separation. Someone who has become an addict may take on a vastly different personality and become completely impossible to trust or rely on. They may also be very defensive about their problems–or not even realize the repercussions of their actions

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A couple sits on the beach and considers collaborative divorce

What are the Benefits of Collaborative Divorce?

Collaborative divorce is an approach to divorce whereby both parties agree to work together, with two collaboratively trained lawyers (and sometimes third party professionals as well) to find a mutually-agreeable solution to the division of assets and responsibilities. This approach is not always possible, depending on the circumstances under which marriage ended. In cases where there has been violence or

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A boy running to his divorced father for a scheduled visitation

What to do when your ex is denying your visitation rights

While child visitation rights are negotiated as part of the divorce settlement, it is possible that a petty or spiteful ex may attempt to block your access to a child. Fortunately, there are steps that you can take to begin to resolve the situation and to fight for your rights to see your child. How visitation is determined Terms of

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A woman thinking about what to do after her husband died without a will in Ontario

What happens if you die without a will in Ontario?

As many as three-quarters of Canadians don’t have an up to date will. While it may be uncomfortable attending to questions about your own mortality, a will is an important and necessary document to protect your estate. Dying without a will moves control of the future of your estate out of your own hands and allows it to be divided

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A couple considering getting a divorce

4 Facts You Need to Accept Before Getting a Divorce

Despite the fact that divorce is quite common these days, it’s still an important life decision that one shouldn’t walk into recklessly. If it is apparent that a divorce is inevitable, it is vital to begin to take steps to prepare yourself financially and emotionally for what will certainly be a trying time. Right from the onset, you should be

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Close up of female making adjustments to spousal or child support payments

What can cause spousal or child support payments to be changed?

During the divorce settlement there will be decisions made about the amount that needs to be paid on a regular basis for spousal and/or child support. Whether this amount is determined through a collaborative process, mediation, or determined by a judge, it is a legal obligation to ensure this amount is paid. However, it is possible for this payment to

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A woman considering her credit rating after getting a divorce

Will getting a divorce ruin my credit rating?

It’s well-known that a divorce has the potential to substantially affect your financial situation. Depending on the nature of the split, you may be required to give up assets as part of the property division process and you could be required to pays support payments on an ongoing basis. But how does all of this impact your credit rating? Will

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A senior couple considering getting a divorce

All You Need to Know about getting a Divorce after you turn 50

These days it’s becoming more common for married couples who are over the age of 50 to divorce. It has even been given its own name: the Gray Divorce. While many of the legal implications remain the same, there are a number of specific things to consider for someone who is considering a divorce at this stage of their life. Will

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Grandfather walking outdoors with grandson in autumn after divorce agreement

Are grandparents allowed to visit grandchildren after a divorce?

The decision to pursue a divorce can have long reaching consequences where the expected result isn’t immediately clear. If a family with children is divided by divorce, the link between the grandparents and the children becomes less certain and their rights to visit the children will need to be clearly stated in the final agreement. No automatic visitation rights In

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A divorcing couple screaming

8 Common Myths You’ve Probably Heard about Divorce

Misinformation travels fast online. The best way you can be sure that those “helpful” tidbits of advice that you read about on your favourite blog are actually true is to consult with an experienced family lawyer. The last thing you want is to make important decisions based on information that simply isn’t correct. 8 commonly believed myths about divorce: 1.

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An envelope of overdue debt payments sits on a table after a divorce

Am I liable for my spouse’s debt after a divorce?

Some people aren’t good at managing money. Perhaps they are impulsive shoppers, or maybe they just can’t keep track of whether they are spending more than they are making each month. The issue becomes a bit trickier, however, when the compulsive overspender is your ex – and you’re either planning or in the middle of getting a divorce. Should you

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Estate Litigation

Newmarket Estate Litigation

Newmarket Estate Litigation When administering an estate, there is the potential for uncertainties, disputes or misinterpretations from the different parties involved. At Epstein & Associates our Newmarket Estate Litigation lawyers are able to address and rectify these situations. Some of the issues our estate lawyers deal with include: Legal proceedings over contested Wills based on lack of testamentary capacity, undue

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A child shows symptoms of parental alienation to their divorce parent

What is Parental Alienation?

Unfortunately, children can have some very negative experiences in some divorce cases. From younger children who may not understand why their parents are fighting, to older children who feel like they are being used as pawns in a chess game; there are a lot of ways that families can get pulled apart during an already tense situation. Unless there is

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A couple struggling to communicate in the right way during a divorce

Important Communication Tips for when you are going through a Divorce

The end of a relationship or marriage can be the start of some understandably stormy times. Depending on the cause of the split and the level of amicability that remains between both parties, talking with one another to hammer out details of spousal support, child custody, property division and more can be a tricky business. While emotions run high, it’s

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A couple discussing a prenuptial agreement for their relationship

How to talk about a Prenuptial Agreement

As the rate of divorce in this country continues to grow, it should no longer be unexpected to have an open discussion with your potential partner in life about signing a prenuptial agreement. Having this agreement decided upon in advance will give both parties more certainty and protection for most situations on a breakdown of the relationship, and may also

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A folder of uncollecting debts, waiting for a lawyer who can follow up on them

How Epstein & Associates can help you with Debt Collection

Debt collection can be a tiresome and detailed process that distracts you from the other demands of your business. Even though successful debt collection ultimately results in recovering funds, the extensive time required to do so can be detrimental in terms of wasting your business’s resources. Hiring a legal team to manage your debt collection is a valuable alternative to

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A man holds his head and thinks about the different options for getting a divorce

What different routes can I take to get a divorce?

If you, or someone you know, is about to go through a divorce it’s important to be familiar with the different options you have. Hollywood movies often show divorces as lengthy and difficult court trials, but depending on the nature of your relationship, it is possible to choose from a number of approaches to successfully bring an end to your

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The matrimonial home for a couple in a marriage or relationship

What is the value of the matrimonial home?

The matrimonial home is the property (or properties) that a married couple uses as their family residence. It is possible for there to be multiple matrimonial homes, for example, if the couple owns a cottage, or vacation home, in addition to their main residence. There is typically a significant focus put on the value of the matrimonial home during a

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A women who is selling her house in the real estate market standing by packed boxes

Changes in the Real Estate Market: What Sellers Should Know

There’s been a lot of talk recently about the Real Estate Market in Canada and Ontario. If you are currently thinking about selling a piece of real estate, it is important to take the time to get all the information you need, and to get a valuable ally by your side, so that you make the most of the opportunities

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A parent and child hold hands while going through a child custody case

Sole vs. Joint vs. Shared Custody

After separation or divorce in a relationship that involves children, there are several options for how the children will get to continue to live and interact with both parents. Ultimately, the best option in each case will depend on the best interests of the child. The court system will also take into consideration the ability that each parent has to

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Two business partners trying to decide to how to split up the business with the help of a corporate lawyer

My Business Partner and I want to Split. How do we move forward?

You’ve built a business together but now something or other has made it clear that you will need to go your separate ways. Maybe it’s a mutually agreed upon decision – or maybe you are expecting a tense and bitter battle to determine the percentage of ownership and the division of assets. Either way, you can contact a corporate lawyer

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Learn 5 Key Aspects That You Should Know Before SIgning Your Next :Lease Agreement in Richmond Hill

5 Key Aspects For Your Next Lease Agreement

Choosing a rental unit to lease can be a difficult decision. It can be challenging to find a place in an ideal location for work, in a neighbourhood you like, with the amenities you seek, at the price point that fits your budget and with terms that suit your situation. So, entering into a lease agreement that works for your

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Two Parents Fighting Over Small Confused Child In Divorce Concept

My Ex isn’t letting me visit my kids – what can I do?

In the aftermath of a bitter divorce, it is possible for your ex to decide to take the law into their own hands and deny you access to your children. This may happen out of spite or pettiness, where your ex fully understands that they are in violation of your divorce agreement. Alternatively, it can also occur because there is

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Mother's often have no advantage or disadvantage when it comes to child access and custody decisions in Newmarkt

What is a Mother Entitled to Regarding Child Custody & Access?

When it comes to questions of child custody and visitation rights, a woman, as a mother, has no more legal rights than a man, as a father. In the past, certain social and historical stereotypes may have persisted to the advantage or disadvantage of women when it came custody and access decisions. Now, with an understanding that children benefit from

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A young couple sits in the bedroom and wonders if it is time to get a divorce

When is the right time to get a Divorce?

This is a question that a person in a troublesome relationship may ask. Maybe things aren’t working out and neither partner still feels a connection … or maybe things are even more serious and there is a pattern of verbal or physical abuse. In either case, it can be difficult to make a decision that could lead to financial uncertainty,

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Learn what rights a father has with child custody and access in Ontario

What is a Father Entitled to Regarding Child Custody & Access?

There is no law distinguishing the rights of a man, as a father, and a woman, as a mother, when it comes to questions of child custody and visitation rights. However, there are certain social and historical stereotypes that persist and that may sometimes be difficult to overcome in certain factual scenarios.  Joint Custody Is Now the “Default”? When parents

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Under What Circumstances May a Will be Contested in Ontario?

The death of a relative or someone you had a relationship with can be challenging.  Learning that the Will was not what you expected can raise suspicion about whether the Will was a true reflection of the deceased’s intention. In this blogpost we outline some of the circumstances under which a Will may be challenged.  Failure to Provide for Financial

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A separation agreement being torn up after being invalidated

What Can Invalidate a Separation Agreement?

A separation agreement is a contract that determines rights and responsibilities for separating spouses. It is a legally-binding contract and both partners must adhere to the conditions within it. However, a separation agreement may be invalidated if it can be proven that it was not created fairly. Typically, this occurs if one partner knowingly tricks or threatens the other in

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How is pension divided during divorce?

Will My Pension Be Divided When I Get a Divorce?

Over the course of your working life you will contribute a lot of money within your pension. If your relationship has soured, and it looks like things are coming to an end, you will likely begin to wonder how you can expect property and assets to be divided between you and your partner once the divorce is finalised. Evaluating Your

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Finalize Your Separation Before Valentines and Not During

Finalize Your Separation or Divorce Before Valentines – Not During!

Amber Heard and Johnny Depp made headlines around the world during their reportedly “Shockingly Ugly Divorce” proceedings involving allegations of spousal abuse, applications for restraining orders and allegations of abuse of process. While Heard alleged domestic violence on the part of Depp, Depp’s lawyer argued the abuse allegations arose for financial purposes. The case finally settled for $7 million in

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A couple showing what not to do when getting a divorce

10 Things Not to Do When Getting a Divorce

There are some things that you simply shouldn’t do when you get a divorce. Some of the items on this list are common sense; some might be a bit less predictable. Either way, read on to get a good idea of how you can avoid making a critical mistake as you go through with your separation in Newmarket, Auroa, Barrie

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A couple deciding if they should go through a legal separation or divorce

Is a Legal Separation the Same Thing as a Divorce?

If someone is considering divorce, it is important to fully understand the different situations and terms that are involved. One question that comes up often is whether or not there is a difference between the terms “legal separation” and “divorce”. Are these simply different ways of saying the same thing, or is there more to it? Read on for a

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A stack of divorce files

How Long Does it Take to Get a Divorce in Ontario?

A common question for someone who is involved in or considering divorce in Ontario is how long the process will take. Unfortunately, there is no clear cut answer – no two cases are the same and each requires the same dedication and attention in order to guarantee that the legal rights of both parties are protected. But since “it depends”

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How to transfer custody of a child following a divorce

How to Transfer Custody of a Child

Following a separation or divorce, it may happen that the parents decide to transfer custody of their child or children. There could be many reasons for why the parents agree to this – perhaps one is moving away but the child wants to stay in the current jurisdiction, or maybe life is simply are better for the child to be

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Epstein & Associates Office

Aurora

Providing Representation for Family Law in Aurora and Surrounding Areas Our Aurora clients are served by our Newmarket office: 71 Main Street South, Newmarket, Ontario, L3Y 3Y5 Call 905-898-2266 Fax 905-898-2216 Lawyers in Aurora When an impactful situation arises in your life that involves legal repercussions there may be a number of potentially serious consequences. Making decisions on your own,

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Advantages of Collaborative Divorce

What Are the Advantages of Collaborative Divorce in Newmarket?

Collaborative Family Law is an approach where both parties work together through a resolution process along with their legal representatives. This can often be preferable to slugging out all the details of child custody, property division and finances in a courtroom. Here is a List of Reasons Why Collaborative Law in Newmarket Might Be the Right Choice for You: More

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A couple having an argument, and wondering about spousal support regulations in Ontario

How Much Spousal Support Am I Eligible for in Ontario?

Following the breakup of a marriage or relationship, the party with more income or assets may be required to provide financial support for the other. The amount of spousal support may vary based on a number of factors, but will typically depend on the length of the relationship, age of the parties and their children, as well as, the difference

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How are child support payments decided in an Ontario Divorce?

How Are Child Support Payments Decided in an Ontario Divorce?

Parents of a child in Ontario must provide child support payments, regardless of whether or not they were married. There are a variety of ways that the level of support can be determined and calculated, which will be explored in this post. Child Support Payments in the Case of a Divorce When a relationship has ended in divorce, part of the

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An Estate Executor Forfits Their Duties in Newmarket

What Happens If I Have Not Made a Will? Forfeitures

Nobody likes to think about their own mortality, but failing to make a Will can cause significant problems and expenses for your estate and loved ones if you were to pass away suddenly or unexpectedly. Leaving no Will can cause uncertainty and place your loved ones in a difficult financial and emotional situation. Leaving no Will can also add delays

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Dividing Assets in Divorce: Investments, Pensions and RRSPs

The federal and provincial governments heavily regulate investments, pensions and RRSPs. The division of these assets during separation can be very challenging as the parties do not want to engage in any transfer with tax implications that reduce the overall value of the assets, but also want to ensure that they are divided fairly. Pensions, RRSPs & RRIFs Registered Retirement Savings Plans

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Dividing Assets in Divorce: Basics & the Matrimonial Home

Parties in a divorce often go to great lengths to ensure they are treated fairly when dividing assets. The New York Post recently reported that Gabriel Villa took it one step further than most by immediately divorcing his wife abroad following their wedding in the early 90’s allegedly to protect his assets, while continuing to live with her and raise a

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Is there any advantage in filing first in a divorce?

Is there any Advantage to Filing for Divorce First?

In many divorce cases, it is clear to both parties what is coming. Sometimes, however, it blindsides a party and leaves the other side unprepared. If you sense that you and your partner are heading towards separation, is there a benefit to filing for divorce first? Depending on the circumstances of the relationship, you may be unwilling to file first

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Is Collaborative Divorce Suitable For You?

According to Canadian Lawyer Magazine, the national average cost in legal fees for a five day family law trial is approximately $35,950. While complex legal issues may sometimes require a trial of this length, parties are increasingly turning to alternative means of resolving disputes through faster and more economical processes, including the collaborative divorce process. What is the Collaborative Divorce

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How can I make sure my will is bulletproof?

How can I make sure my Will is Bulletproof?

Whether you are deciding how your assets will be distributed after you pass on or are helping a loved one make their decisions, you want to ensure that the careful estate planning doesn’t go to waste. Inconsistencies in the will, or questions about the conditions under which the will was created, can cause changes to be made after the death

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How much does an uncontested divorce cost in Ontario?

How Much Does an Uncontested Divorce Cost in Ontario?

If a couple decides that their relationship has reached a point where there is no possibility of reconciliation, they must then decide how best to terminate their marriage. The options to consider depend heavily on whether the separating couple will agree to work together to find mutually agreeable solutions for division of their property and, if necessary, child custody and

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What are the legal grounds for divorce in Canada?

What are the Legal Grounds for Divorce in Canada?

Ending a marriage in Canada isn’t something that can be done at a moments notice; there are certain conditions, or “grounds for divorce”, that must be met. The parties involved will need to prove to the court that their marriage has broken down and that there is no chance of reconciliation.  There are two conditions that must be met: For

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A young woman signs a separation contract

Preparing a Separation Agreement in Ontario

Once you and your spouse have made the decision to separate, drawing up a separation agreement is an important step for resolving uncertainties and settling potential disputes. The advantage of using a separation agreement is that it clearly describes the obligations of each party right from the moment that the decision to separate has been made. What is a Separation

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A man looking at a house, wondering about who will get it after his divorce

If I Get a Divorce, Who Gets the House?

The home is often the largest asset that needs to be divided up after the breakdown of a relationship. Because of this, there is quite a bit of interest over who retains ownership of the property. What is the Matrimonial Home? The matrimonial home is the house, apartment or other living space where married partners lived together at the time

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How social media could affect you in a divorce

How Social Media Could Affect Your Divorce

Emotions can be very high before and during a divorce. During this time period, it may be tempting to vent some of your anger or frustration online about your soon-to-be-ex. Maybe it’s a way of getting back at them, or maybe you just want vindication that you are on the moral high ground – whatever the reason, it’s very important

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Elliott

Meet Elliott

Elliott Goldstein, B.A., J.D. is a member in good standing of the Law Society of Upper Canada and has been practicing law in Ontario since 1988. Prior to that he was a member of the Bar of British Columbia (1984 to 1987). Elliott Goldstein is a general litigator with years of experience handling a variety of cases. He practices estate

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Divorce and Separation

Property Division

Property Division In the Family Law Context, Property Division Refers to Everything from Real Estate to Pensions. If you are facing divorce, you need to know how your assets and your debts will be affected by the breakup of your relationship, and whether you or your spouse will be able to make a claim for any property on which you

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Divorce and Separation

Child & Spousal Support

Child & Spousal Support Quantifying child support, attaining an agreement or court order for child support, and enforcing a child support order is something every separating parent in Ontario deals with at one time or another. Our lawyers will help you understand your entitlement to and/or obligations for child support, how to deal with the matter of child support arrears,

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Epstein & Associates at work

FAQs

Divorce & Separation Collaborative Family Law Real Estate Wills & Estates Divorce & Separation What is the difference between separation and divorce? A separation occurs when a couple decides to live apart, or separate and apart under the same roof and their relationship has broken down. Married or common-law spouses may separate. A divorce occurs when the Court officially ends

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Divorce and Separation

Divorce & Separation

Trusted Divorce Lawyers Working with our experienced divorce lawyers in Newmarket, Mississauga, Richmond Hill or Barrie, you can rest assured that your advocate is nearby and available for you. We urge our clients to get to know the divorce attorneys they are hiring as it is imperative that you find the right fit for your specific situation. If you are

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Epstein & Associates Office

Services

Mediation Mediation Family mediation is the go-to choice for couples who are looking for an amicable separation that is less costly than litigation Learn More Estate Litigation Estate Litigation When administering an estate, there is the potential for uncertainties, disputes or misinterpretations from the different parties involved Learn More Divorce & Separation Divorce & Separation Our divorce & separation services

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Epstein & Associates Office

About Us

Epstein & Associates is committed to providing your matter with attention and care, which we believe, is unavailable with other lawyers in Newmarket, Richmond Hill, Mississauga, Oshawa and Barrie. Our experienced lawyers will take the time to properly explain the details pertaining to your case, so that you can make decisions that are the best for you and your particular

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Parental mobility presents difficult custodial challenge

Sharing child custody can always be difficult, especially when both parents want to maximize the amount of time they spend with the child.   However, custody can be even more challenging when the custodial parent wishes to move to another part of the country. Such moves can significantly change the child’s quality of life and impact their relationship with the

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Understanding the effect of spousal support on social assistance

Ontario spouses who are seeking a divorce may be interested in some information about how child or spousal support affects their social assistance payments. Depending on the circumstances, the amount of support could be deducted from their assistance payments.   When a person who is receiving social assistance funds divorces, the law requires that they make a reasonable attempt to

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Enforcing a child support order in Canada

Some Ontario residents may be interested in learning more about how to enforce a child support order that was issued as a result of their divorce. It is the provincial Maintenance Enforcement Program, which in Ontario is the Family Responsibility Office, that provides direct assistance to parents in such matters.   The FRO and the federal government typically cooperate with

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Understanding the basics of divorce in Ontario

When a married couple decides to get a divorce in Ontario, there is some basic information that they should know. Part of this is whether they need to live separately for a specific period of time before filing for divorce.   Most of the time, a couple must live apart from each other for at least one year before they

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We can’t agree on a parenting plan, what is next?

For divorcing parents in Ontario, agreeing to a parenting plan can sometimes be one of the most challenging aspects of ending a marriage. As a last resort, the couple might decide to resolve their differences in court. However, other options might be available before they take the matter before a judge.   Some parents decide to negotiate their case with

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Are you entitled to spousal support after a marriage?

Some readers from the Ontario area might be interested to learn more about how spousal support levels are calculated and determined in Canada. Although many believe that spousal support is only relegated for stay-at-home spouses to help them get back on their feet after a marriage, this is not necessarily the only factor involved in eligibility to receive support.  

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How much child support will I have to pay?

Individuals who are facing a divorce with children may wish to know how child support payment amounts are calculated in Ontario. The amount that will be owed by the payor parent each month is calculated using that parent’s gross income. Gross income is the amount of money the parent earns before taxes are deducted.   When estimating how much child

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Examining divorce requirements and the application process

Ontario couples who are seeking a divorce may be interested in some information about what requirements must be met before ending a marriage. In addition to the marriage issues, the application requirements can be different depending on the filing location.   Generally, three requirements must be met before a couple can get a divorce. First, they must be legally married,

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Bragging on social media spells trouble for some parents

The popularity of social media sites such as Facebook may be the undoing of some parents, especially those who are delinquent in their child support payments. In dealing with support problems in Ontario, custodial parents may find that a former partner’s online posts provide help for area officials responsible for enforcement of support orders. This has proven to be true

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Child custody basics for Ontario parents

Ontario couples who are considering divorce may not be aware of the basics of child custody and access laws. Understanding these laws may help them work toward a parenting plan that is equitable to both parties and provides for the child’s best interests.   Some parents may not realize that child custody refers to an individual’s decision making ability regarding

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Rules of spousal support explained

In Ontario, one spouse can receive spousal support from the other after the couple has separated or divorced. This spousal support is generally paid by the spouse who has a higher income, regardless of his or her gender. This support is also available if a couple lived together but was not married. In order for an unmarried partner to receive

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Tips on property division and divorce

A divorce can be emotionally draining as the couple evaluates their assets and divides them accordingly.   In addition to dividing such things as furniture and bank accounts, they will need to decide what happens to their home. This is usually addressed through one spouse buying out the other, for which they will need an appraisal of the home’s worth,

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What to do when a spouse moves out

When a marriage ends, a couple in Ontario often has an idea that their relationship is beginning to fall apart. However, in some cases, one party is taken completely by surprise as the other person suddenly leaves the family home with no warning of any type.   The party who is left in the residence needs to be prepared and

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Property division in divorce court includes deciding pet custody

Animal lovers in Ontario may think of their animal companions as part of their families, but in the eyes of family law courts, pets are actually considered possessions no different from any other. This can make for uncomfortable negotiations during the property division step of a divorce, but there are ways to protect one’s interest in a dog or cat

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The many drawbacks of an online divorce kit

Someone in Ontario who is considering ending his or her marriage might look online at a do-it-yourself kit, but that might not be the best option when trying to resolve complex personal matters. Divorces can require negotiation as couples attempt to resolve property division and issues related to their children, such as visitation, custody and support.   While technology has

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Seeking a healthy support system during separation and divorce

When one’s mind is clouded by emotion, anger, or fear associated with divorce, the decision-making process isn’t as effective as it would normally be. Divorce is a time of change, often accompanied by a period of adjustment and, in most cases, a grieving process. Separation affects not only the couple going through a divorce but your children, family, friends and

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Why craft a cohabitation agreement?

Keeping your assets protected in a common-law relationship Over the past decade, divorce trends have been decreasing worldwide. Despite a growing Canadian population overall, fewer marriages and more cohabitation is a rising trend in Canada. Census data reports that common-law relationships rose by 13.9% and lone-parent families’ rose by 8% from 2006 to 2011. Family law lawyers at Epstein &

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Recent Divorce Information Trends

You may be one of many people out there who is considering separating from their spouse or partner.  If you are, you should consider working with an Ontario divorce attorney.  A divorce lawyer can provide you with the guidance that you will need to get through your separation.  There are also quite a few divorce trends that are taking place

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How to Understand Your Rights and Obligations for a Legal Separation

The dissolution of a marriage or the ending of a partnership is often marked by emotional stress and worry.  A myriad of decisions need to be made regarding finances, living arrangements, custody (if children are involved), lawyers and divorce or separation proceedings – all while both parties try to remain emotionally intact.  Separation and divorce deeply affects everyone involved; in

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How to Have a Dignified Divorce

Is Collaborative Divorce The Right Way To Go? Divorce time does not necessarily mean war time. Despite the depth of the differences that might have forced you to end your relationship, you still deserve a dignified separation. If you are an Ontario resident, you can consult a divorce lawyer who will help you to work through the issues you need

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Does Arbitration have to resemble Court? Nope…

For the process to be valid, must arbitration in family law conform strictly to the strictures of the court process? According to a recent decision from the Superior Court of Justice in Ontario, the answer is a qualified no. Recently, the SCJ heard the appeal in Kroupis-Yanovski v. Yanovski, an appeal brought by one of the parties to an arbitrated

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Property not always divided 50/50 between spouses

The general proposition in family law is that the value of any kind of property that was acquired by a spouse during the marriage and still exists at separation must be divided equally between the spouses.  Despite this, the courts have the power to order an unequal division of net family property where it would be inordinately inequitable to do otherwise.   This

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Marriage Contract Void Due to Drafting Error

In Stevens v. Stevens, a stay-at-home wife with significant inherited funds that were invested into the matrimonial home, intended that her husband would receive one-half the value of the matrimonial home in the event of marriage breakdown after receiving her inherited funds first.  Husband disclosed that he was having an affair with another woman to the wife.  This admission put the wife into a

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