Questions
Plain answers to common questions
General information about family law in Ontario. Your situation may be different, which is what a consultation is for.
Getting started
Do I need a lawyer to separate?
No. You can separate without a lawyer. But getting advice early, before you sign anything or move out, often prevents expensive problems later, especially about the home and the children's schedule.
Will my ex know that I contacted you?
No. We ask for their name only to check that we have never acted for them. We do not contact them unless you ask us to, after you have hired us.
Can one lawyer act for both of us?
No. A lawyer can only act for one spouse. If you both want to work with one professional, mediation is the way: a neutral mediator helps you both, and each of you gets your own legal advice before signing.
Do you meet in French?
Yes. Helen Marchand, Julien Tremblay and Farah Haddad work in French. We also work in Arabic, Tamil and Hindi with some of our lawyers.
Separation and divorce
How soon can I get divorced?
Almost all divorces are based on living separate and apart for at least one year. You can start the paperwork before then, but the court cannot grant the divorce until the year has passed. Uncontested divorces in Ottawa are often granted 4 to 8 months after filing.
Can we be separated while living in the same house?
Yes. Many couples live under one roof for a while after separating. What matters is living separate lives: separate bedrooms, finances and social lives, for example. Write down the date you separated.
Do we have to go to court?
Usually not. Most families settle through negotiation, mediation or collaborative law. An uncontested divorce is handled on paper. Court is the right choice when there are safety concerns, urgent issues, or someone will not share financial information.
Children and money
How is child support calculated?
Mostly by the Federal Child Support Guidelines: a table amount based on the paying parent's income and the number of children, plus a share of special expenses like daycare and orthodontics. Shared parenting time changes the calculation.
We weren't married. Do we split property the same way?
No. In Ontario, the automatic sharing of property growth applies to married spouses. Common-law partners keep what is in their own name, but may still have a claim if they contributed to the other's property. Get advice early, because time limits apply.
Is spousal support automatic?
No. It depends on why support would be owed, such as one partner stepping back from work for the family. When it applies, national guidelines suggest a range for the amount and length.
Working with us
What does the first consultation cost?
The first 15-minute phone call is free. A full 60-minute consultation is $250 plus HST, and you receive a written summary of your options. See all fees.
Do you handle criminal or Children's Aid cases?
No. We refer criminal and child-protection matters to lawyers who do that work every day. If a child-protection worker has contacted you, call a child-protection lawyer or Legal Aid Ontario right away.
Can we meet by video?
Yes. Consultations and most meetings can be in person at our office, by phone, or by video, with evening times on Tuesdays and Thursdays.
This website gives general information, not legal advice. Contacting us doesn't make you a client until we confirm it in writing.
Have a question that isn't here?
Tell us briefly what is happening. We will run a conflict check, then call you to talk through your options and what they would cost.