Once you’ve filed your Answer, your first court appearance will be at a “Case Conference.” Although held at court and presided over by a Judge, the Case Conference isn’t an adversarial proceeding. The Judge will not make an Order unless both parties agree or unless the Order is procedural.

If the Case Conference doesn’t settle matters and there’s a need for immediate relief, such as immediate child custody, child support, spousal support, or a decision on who will remain in the matrimonial home, a “Motion” will be scheduled. At the Motion, a Judge will decide the issues, based on your and your spouse’s “Affidavits” (sworn testimony in writing) and your arguments.

During each step of a divorce there are many questions to be answered, not to mention complex court papers to be filed and documents to be compiled. Few people are prepared for or experienced in the intricacies of divorce but by using MyOntarioDivorce.com, we help you help yourself navigate the Ontario Family Courts without a lawyer.

Helping you help yourself,

Even if you were anticipating being served with divorce papers and think you know what they say, you must examine them thoroughly and immediately. The Application will detail the reasons your spouse is asking for a divorce and also additional topics including child custody, child support, property division, spousal support, and sometimes, legal protections such as a restraining order.

It’s critical that you read and understand the contents of the papers you receive. The decisions you make at the onset of the divorce process may have far-reaching effects; you don’t want to make a wrong move or make a move that’s too late.

Helping you help yourself,

Myth: If both spouses are employed outside of the home, the courts won’t order spousal support.

Truth: It’s true that courts are more likely to order spousal support in cases where one spouse didn’t work outside of the home. But spousal support is also regularly awarded even when both spouses maintained economic independence. Some factors that a court is likely to consider include: how great the difference is between the income of the spouses; how long the relationship lasted; and the best way to make sure that both spouses become financially independent in the shortest period of time.

Helping you help yourself,

Spousal support is a payment made by one spouse to his or her former partner. The purposes for spousal support vary: it recognizes economic advantages or disadvantages resulting from the marriage or its breakdown, it relieves any economic hardship arising from the breakdown of the marriage, and it promotes the economic self-sufficiency of each spouse within a reasonable period of time. Unlike child support, there’s no automatic right to spousal support. Whether it’s paid, and if so, how much support will be paid, depends on the circumstances. Theoretically, a party who’s self-sufficient or is capable of becoming self-sufficient at the end of a relationship should normally not be entitled to receive spousal support. However, the court normally takes into consideration a variety of factors, including:

• Length of marriage: Typically, the longer the marriage, the greater the likelihood is that an application for spousal support will be successful.
• Relative difference in income: The greater the difference in income between the parties at the end of a marriage, the greater the likelihood that an order will follow, awarding spousal support.
• Economic disadvantages: The more one spouse has lost as a result of the marriage, such as job skills, job opportunities, or employability, the greater the likelihood of an order for spousal support.

Consequently, an economically disadvantaged spouse that is otherwise self-sufficient may nevertheless be awarded spousal support, particularly if the payor spouse has the ability to pay. Beware payors. All is not as it appears to be. You may have to pay spousal support  even to an apparently self-sufficient ex.

Helping you help yourself,