At MyOntarioDivorce.com, our objective is to help you resolve your issues as quickly and efficiently as possible, while keeping litigation and costs to a minimum. There are a number of different approaches/models that family lawyers use to help you bring your separation or divorce to a resolution without going to court.

Collaborative Model:

Overview: You and your spouse will agree to resolve all issues (property, parenting, support) through a collaborative negotiation process. You will both be represented by lawyers trained in mediation. You will sign a collaborative agreement to be respectful, to make full disclosure, and to resolve your issues without going to court. While this approach requires a high level of commitment from both parties to be successful, it can be an effective approach where children are involved, as it can help facilitate a continuing relationship between the parties.

Mediation:

Overview: You and your spouse will agree to meet with a trained family law mediator. Mediators are neutral parties who are well versed in family law and who will be able to explain what is likely to happen should your matter end up before a judge. Many mediators are former or current lawyers. Mediators will make recommendations, but are unable to force you and your spouse to come to an agreement. If mediation fails, the next step is litigation.

Judicial Dispute Resolution (JDR):

Overview: This model is similar to the Mediation model outlined above, but instead of a mediator, you and your spouse will meet with a judge. The meeting does not take place in a formal courtroom, but rather in the judge’s office or a board room at the court house. As with mediation, the judge cannot order an agreement during the meeting, but he or she will tell you and your spouse what they would order if you were to take your matter to court. The benefit of this approach is that some people are more motivated to come to an agreement when they hear the facts from a judge.

For more information on separation, divorce, and other family law matters, please visit MyOntarioDivorce.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

One of the most common questions I’m asked by clients is how long it will take for their divorce to be finalized. Typically, the answer depends on your circumstances when you decide to file for divorce.

Under the Divorce Act, the only ground for divorce is marriage breakdown, which can be established in any of the following three ways:

1. The spouses have lived separate and apart for one year;

This is the most common ground, in large part because it is easiest to establish. While one year may seem like a very long time to wait to make it official, the fact is that the court system is so overloaded that it may take that long to get your matter into court anyway. Provided that you are living separate and apart at the time of your application, you can file for divorce and keep the clock ticking while you wait for your court date. Provided that there’s no chance of reconciliation (which is always preferable), you may be able eliminate some of the waiting time by getting your application in before the year has elapsed.

2. The spouse against whom the divorce is claimed has committed adultery; or

3. The respondent spouse has treated the other with physical or mental cruelty such that continued cohabitation would be intolerable.

If you are able to establish Adultery or Cruelty as the reason for the breakdown of your marriage, your divorce will not be subject to the one year separate and apart requirement, and a divorce can be granted as soon as the matter can be heard before a court.

Where Adultery or Cruelty exists, there often also exists anger, resentment, and sometimes even fear. Some may welcome the idea of exposing their spouse’s bad behaviour in court. For many, however, the idea of presenting evidence to prove one of these fault-based grounds is too stressful to fathom. For that reason, it is only in extreme cases that we recommend filing for divorce on one of these grounds. Provided that your safety is not at risk, it is advisable (from both a financial and emotional standpoint) to file after a one year separation.

For more information on separation, divorce, and other family law matters, please visit MyOntarioDivorce.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

Even without hiring a lawyer or going to trial, the cost of getting divorced can add up. Filing fees, Separation Agreements, mediators… it’s all astronomically expensive. If you end up in court battling over custody or money, you’ll be looking at a lawyer’s bill in the neighbourhood of $5,000-10,000 per day.

The exorbitant cost of litigation, combined with the backlogged court system– which sees approximately 70,000 divorcing couples per year across Canada– has led to a recently expanded “Mandatory Information Session” pilot project.

The new program applies to all spouses applying for a contested divorce. Upon filing a contested divorce application with the court, each spouse will be given an information sheet about the mandatory mediation session that they are required to attend. Their divorce proceedings will not move forward until each spouse receives a stamp of confirmation of their attendance.

The mandatory information sessions are divided into two groups– Applicants and Respondents- but the message to each group is the same: the contested divorce process is long, traumatic, and very expensive, and should be avoided at all costs. The information sessions are geared to encourage spouses to attempt to use negotiation or mediation to resolve their separation issues (custody, support, property) without entering into a nasty battle in court. The majority of cases that are bogging down our court system are the ones where spouses are fighting tooth-and-nail over petty issues, no matter the cost.

Many spouses are resistant to the idea of the mandatory information session because they have made their decision and want to get divorced as quickly as possible. On the other hand, divorced spouses who have gone through the contested divorce litigation process often wish that they had tried mediation as a way to save their sanity and their money.

This program is reflective of the need to keep divorcing spouses out of the court system. It’s beneficial not only to the government but also to you as an individual seeking a divorce. Save yourself tens (or in some cases, hundreds) of thousands of dollars and settle your issues out of court. Try our free software and create your own separation agreement at MyOntarioDivorce.com. Invest in a mediator. If you still need help, try our innovative and affordable flat-fee divorce solutions at BermanBarristers.com.

For more information on separation, divorce, and other family law matters, please visit MyOntarioDivorce.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

In Canada, most divorces are granted on a no-fault basis. This means that a judge may grant you a divorce without you having to prove that your spouse violated the marriage contract, leading to the breakdown of the marriage.

A no-fault divorce is quicker, easier, and less expensive than a fault-based divorce. This is why the majority of divorces are granted on the grounds of the spouses living separate and apart for 1 year, as opposed to the fault-based grounds of adultery or cruelty. A no-fault divorce system allows you and your spouse to apply together to have the court declare the breakdown of the marriage without having to present evidence (or worse, pay lawyers thousands of dollars to present evidence).

The no-fault system severely limits the ability of a Respondent spouse to challenge the Application. If you’re the Applicant, this is good for you because once you have satisfied the court that you have established grounds for divorce by living apart for 1 year, your spouse cannot stop you from obtaining a divorce. On the other hand, if your spouse is the Applicant and you want to reconcile, there may not be anything you can do to stop the divorce from being granted.

It is always preferable to resolve as many issues as you can with your spouse before resorting to litigation. Work with your spouse to create a comprehensive Separation Agreement that addresses custody, property, and support issues (try our FREE Separation Agreement software at MyOntarioDivorce.com), then apply to obtain a simple divorce. Take advantage of the no-fault system and save yourself a lot of time, money, and frustration.

For more information on separation, divorce, and other family law matters, please visit MyOntarioDivorce.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

One of the most common questions I’m asked is what effect, if any, adultery has on the divorce process.

The short answer? Not much.

The majority of divorces in Canada are granted on a no-fault basis. That is to say that the breakdown of the marriage (the sole grounds for divorce) has been established by the parties having been separated for a minimum of one year.

The two fault-based grounds to establish the breakdown of a marriage are Adultery and Cruelty. If you are relying on Adultery or Cruelty in your Application, a divorce can be granted as soon as the matter can be heard in court.

Adultery has been defined as voluntary sexual intercourse of a married person with one of the opposite sex, however changing social norms have made the modern definition much more broad.

Adultery does not have to be proven by direct observation. The court may infer that adultery transpired based on the familiarity of the respondents and the opportunity they had to commit the offence. For example, evidence that the respondents spent a night in a hotel room together may be accepted as proof of adultery, especially in the absence of any denial from the respondents.

Due to a statutory protection that protects parties in divorce proceedings from being compelled to provide admissions needed for proof of adultery, applicants generally have to have independent evidence of adultery available at trial. This is usually in the form of a witness who can corroborate the applicant’s claim. Some judges will grant a divorce after hearing an admission from the adulterous spouse. Many will not, as it creates an opportunity for spouses to unjustly speed up the divorce process without waiting for the one year separation period to elapse.

There is a reason that most divorces are granted on the grounds of a one year separation. The process of presenting evidence of adultery to a judge is an emotional and expensive venture that many divorcing spouses would just as well avoid.

For more information on divorce and other family law matters, please visit MyOntarioDivorce.com or BermanBarristers.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

Despite what you may have heard, it is possible to represent yourself in Family Court, provided you are well-equipped to do so. This means being organized, doing your research, and being armed with all the information you can get your hands on before going to court. Here are some helpful tips for self-represented litigants in the Family Law Courts:

1. Your spouse’s lawyer cannot give you legal advice. In some cases, your spouse’s lawyer may advise you about procedural steps to be taken, but be wary of any advice you receive directly or indirectly relating to the substantive issues of your case. Remember that your spouse’s lawyer is acting in your spouse’s best interest, and not yours.
2. Communicate with your spouse’s lawyer in writing. You may wish to send a letter to your spouse’s lawyer stating that you will only communicate via written letter or email. This is the best way to avoid the miscommunications that can occur with verbal negotiations. Be sure to keep copies of all communications for your files.
3. Be professional and respectful. Maintaining a civil relationship with your spouse’s lawyer will help the process move more smoothly and quickly. Furthermore, your spouse’s lawyer is required by the Law Society’s Professional Rules of Conduct to treat you with respect. If you feel you are being treated unfairly or taken advantage of by your spouse’s lawyer, you may wish to consider contacting the Law Society to seek further guidance or file a complaint.
4. Be organized. Find out how and when your documents must be filed. Confirm any tips you receive from your spouse’s lawyer about filing deadlines.
5. Be aware of cost implications. If your spouse is successful in court, you may be ordered to pay a portion of your spouse’s legal costs. This can be quite significant depending on the complexity of your case. In some cases, self-represented litigants have been ordered to pay costs to represented litigants where his/her conduct has caused unnecessary delays, regardless of success.

For more information on divorce and other family law matters, please visit MyOntarioDivorce.com or BermanBarristers.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

You’ve talked. You’ve fought. You’ve tried therapy. You’ve exhausted every avenue to save your marriage and are moving forward with a separation. The process of separating will undoubtedly create high levels of emotional tension between you and your spouse. Anger, pettiness, and resentment can lead to a messy split, so if you’re thinking of leaving, there are a number of matters you should tend to before alerting your spouse that you’re leaving. If your spouse retaliates out of spite, you will be glad you took the time to get organized. It’s up to you to protect yourself and your assets. Here are 5 things you should do before you separate:

1. Make photocopies of all important documents. This may include your mortgage, insurance documents, bank statements (for joint and individual accounts), any statements showing your and your spouse’s income, RRSP statements, investment statements, vehicle ownership papers, and any other documents pertaining to individual or shared finances.
2. Make a list of the chattels you are taking with you when you leave. This includes furniture, appliances, books, and any other personal possessions. Consider including any financially or emotionally significant items that you are intentionally leaving in the possession of your spouse. Date and sign your list, and consider leaving a copy for your spouse’s records.
3. Open a bank account in your own name and start putting some money away, if possible. You’ll want to make sure that you are able to support yourself when you leave, and in case your spouse petitions to freeze your assets. This is especially important if you will be claiming spousal support, as support payments likely will not start immediately.
4. Protect your assets. Remove any heirlooms (jewellery, deeds to your family cottage, etc) from your home and safeguard them in a safety deposit box.
5. Alert all financial institutions and advisors that no action is to be taken with regard to joint assets without your express consent. Obtain separate credit cards and revoke any powers of attorney that your spouse may have.

Be sure to check out our other articles on Getting Ready to Separate: What To Do Before You Leave and Telling Your Spouse.

For more information on separation, divorce, and other family law matters, please visit MyOntarioDivorce.com or BermanBarristers.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

In Canada, most divorces are granted on a no-fault basis. This means that a judge may grant you a divorce without you having to prove that your spouse violated the marriage contract, leading to the breakdown of the marriage.

A no-fault divorce is quicker, easier, and less expensive than a fault-based divorce. This is why the majority of divorces are granted on the grounds of the spouses living separate and apart for one year, as opposed to the fault-based grounds of adultery or cruelty. Especially in non-contested divorces or joint applications, a no-fault divorce allows the parties to apply together to have the court declare the breakdown of the marriage without having to present evidence (or worse, pay lawyers to present evidence).

The no-fault system severely limits the ability of a respondent spouse to challenge the application. If you’re the applicant, this is good for you, as once you have satisfied the court that you have established grounds for divorce by living apart for one year, your spouse cannot stop you from obtaining a divorce. On the other hand, if your spouse is the applicant and you want to work things out, there may not be anything you can do to stop the divorce from being granted.

It is always preferable to resolve as many issues as you can with your spouse before resorting to litigation. Work with your spouse to create a mutually-agreeable solution and apply together to obtain a simple or uncontested divorce. Take advantage of the no-fault system and save yourself a lot of time, money, and frustration.

For more information on divorce and other family law matters, please visit MyOntarioDivorce.com or BermanBarristers.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Law Lawyer

If you’ve ever been involved in the legal process, you know how much paperwork is involved. Applications, court forms, records, correspondence, evidence… it all ends up printed and filed away in lawyers’ accordion folders. Furthermore, the other parties and the court require copies of many of these documents. With all these papers floating around, it’s not uncommon for documents to go missing or for parties to get bogged down with paperwork. It’s an antiquated system in dire need of a complete overhaul.

Recently, the Ontario Budget disclosed that a new, digitized system is in the works for Ontario’s Courts. The system is expected to be implemented in approximately three years, and is currently in the planning stages. The province attempted to introduce a digital data management system in the early 2000s, but the technology of that time was not adequately equipped to deal with the needs of the court. The newly revamped system, called the Court Information Management System, or “CIMS”, will allow litigants and their lawyers to file certain court documents electronically, pay filing fees online, and access their documents 24 hours a day, as opposed to the traditional 9-4 hours of the courthouse.

What does this mean for you as you’re navigating the divorce process? The digitization of the Family Courts will result in significant improvements to the divorce process in Ontario. Most notably, the ability to file documents online will save considerable time and expense to both lawyers and their clients. In some cases, it will eliminate the need to use process servers, which can be costly, or to have the lawyer or his/her staff file the documents, which can be even more costly when you’re paying an hourly rate. Furthermore, it will reduce the amount of photocopying (the cost of which can be astronomical, especially when a matter is proceeding to trial) and would simplify the overwhelming process of organizing legal documents.

Digital document management is the way of the future, and a trend that is being adopted by large and small law firms alike. Over the past few years, the sheer volume of paperwork involved in litigation has created a niche market for litigation support law firms, where lawyers provide innovative solutions for the organization of data and litigation materials. This trend reflects the need for a more efficient system that will allow lawyers to advocate for their clients without being slowed down by the court process. While complete digitization of the legal system is still many years away, Ontario’s move towards a more streamlined, paperless system is a step in the right direction both in terms of efficiency and accessibility- two areas in which the court system can always stand to improve.

For more information on divorce and other family law matters, please visit MyOntarioDivorce.com or BermanBarristers.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Law Lawyer

The Canada Divorce Act recognizes three grounds for a divorce: adultery, cruelty, and being separated for one year. Most divorces proceed on the basis of the parties being separated for one year, even if there has been adultery or cruelty, because proving adultery or cruelty is complicated and time consuming.

The one year period starts from the time at least one spouse intends to live separate and apart from the other and acts on it. You don’t need a piece of paper or a court order to be separated because there’s no such thing as a “legal separation” in Canada. You can deal with all rights and obligations that arise due to the breakdown of your marriage without obtaining a divorce. You do this by negotiating and signing a separation agreement. A separation agreement is a contract between two former spouses that sets out each party’s rights on issues such as custody of and access to the children, division of property, child support, and spousal support. However, it’s best to obtain a divorce at the same time. The divorce legally ends your marriage and allows you to re-marry.

Robert Berman B.C.L, LL.B
Founder & Family Law Lawyer