Best Child Custody Lawyers in Concord, ON

Under Ontario law, there is no requirement for spouses to enter into a separation agreement when they are living separate and apart. However, in most cases, entering into a separation agreement with your spouse on fair and reasonable terms is a prudent thing to do in order to avoid possible misunderstandings and in order to protect your rights. A Separation Agreement has specific requirements under the Family Law Act in order to be valid. Consult one of our family law lawyers for assistance.

If you are concerned about your safety by staying in the house, then move or consult a Zeidman Law Offices lawyer about getting a court order requiring your spouse to move out. If safety is not a concern, you should consult a lawyer before moving out so you can be fully informed about how that decision could affect other issues arising in your separation (such as child custody, access, spousal support, who pays the expenses of the home, etc.). If you move out, your lawyer may not be able to obtain a court order allowing you to move back into the home later.

For jointly owned matrimonial homes, this is often done if an agreement is reached by the parties. However, there are no provisions in the Family Law Act or Divorce Act that empower a court to order that one spouse buy out the other.

Under certain circumstances, you are allowed to deduct all or a portion of your legal fees and disbursements from your income taxes. For example, fees associated with pursuing a spousal support award can be tax deductible. Contact one of our lawyers if you have specific questions, or speak to your accountant.

For a court to consider you to be living separate and apart, at least one spouse must have the intention to live separate and apart from the other. If that intention exists for at least one year without interruption, you have grounds for getting a divorce order. Even if you attempted to reconcile during that year by cohabiting for periods totaling not more than ninety days, you still have grounds for divorce (section 8(3)(b)(ii) of the Divorce Act). Being separated does not require that you live in separate homes in order to be living separate and apart. Spouses can be living separate and apart under the same roof, depending on the circumstances. Factors that are considered in ascertaining if you are living separate and apart could include:absence of sexual relationssleeping in separate bedroomseating separatelynot attending social functions togethernot celebrating holidays togethereach spouse becoming responsible for their own domestic services