A Clean Break: 5 Key Steps to Prepare for Divorce
If you’re navigating a divorce for the first time, the legal process in Ontario can feel overwhelming. Between managing emotional stress and trying to protect your future, it’s easy to get lost in the details. But understanding the basics of divorce in Ontario can help you feel more confident and in control.
Whether you’re just starting to consider separation or you’re ready to file, here’s what to expect when getting a divorce, and how to prepare.
Gather Financial and Legal Documents
Before starting the divorce filing process in Ontario, you’ll need a clear picture of your financial situation. That includes:
- The past three (3) years of Notice of Assessments and Income Tax Returns
- Recent bank statements for all joint and individual accounts
- Mortgage or property documentation
- Pension, investment, and insurance account details
Having these records ready can help streamline negotiations and reduce delays during the divorce process.
You deserve support through your whole journey. Our lawyers are here for every step of the way. Book a free consultation today to talk to one of our lawyers.
Choose the Right Family Law Lawyer
A skilled divorce lawyer will guide you through the legal process, represent your best interests, and help you understand your rights.
Choosing a lawyer experienced in divorce in Ontario ensures you’re following the right legal steps and avoiding costly errors. A good family law lawyer can help you avoid extra court visits. They will guide you through negotiation, mediation, or collaborative divorce when possible.
Understand Spousal Support
Spousal support is not automatic. It’s based on entitlement, need, and a range of legal considerations. In Ontario, spousal support can be given when one spouse gave up income or job chances during the relationship. It can also be awarded if there is a big income difference after separation.
An experienced lawyer can help assess whether you’re entitled to receive or may be required to pay spousal support, and negotiate a fair outcome.
Division of Property and the Matrimonial Home
Under Ontario family law, both spouses generally have an equal right to the matrimonial home, regardless of whose name is on the title. Until there is a court order or legal agreement stating otherwise, you both retain legal rights to the property.
The equalization of property and assets is one of the most complex aspects of divorce filing in Ontario. A lawyer will help you figure out what is marital property. They will also assist in dividing it fairly, either by negotiation or in court.
Child Support and Parenting Responsibilities
If you have children, your divorce will also involve parenting plans and financial support arrangements. Child support in Ontario is typically calculated based on Federal Child Support Guidelines, taking into account income, number of children, and parenting time.
Discussing parenting time (custody) and child support early in the process can reduce conflict and provide clarity for everyone involved. Your children deserve stability, and a thoughtful agreement can help achieve that.