Divorce and Separation

Toront’s Most Reputable Divorce Lawyers

At Moldaver Rosenberg LLP, we understand that navigating divorce or separation can be emotionally and financially overwhelming. With over 25 years of experience, our divorce lawyers in Toronto offer personalized solutions designed to protect your rights, your children’s well-being, and your financial future. Whether you’re considering a separation or facing a divorce, we’re here to guide you every step of the way.

  • Grounds for Divorce in Ontario
  • Divorce Process in Ontario
  • Amicable Separation Agreements
  • Divorce Litigation

Grounds for Divorce in Ontario

In Ontario, family law recognizes three legal grounds for divorce: separation for one year, adultery, and cruelty. Separation for one year is the most common, requiring spouses to live separate lives, even if they remain in the same home. This no-fault ground simplifies the process, as it doesn’t require proving wrongdoing.

Adultery and cruelty are more complex grounds for divorce. Adultery requires proof or admission of the affair and can expedite the process by bypassing the one-year separation. Cruelty, either physical or mental, must be significant enough to make cohabitation intolerable and must be supported by evidence. Our Toronto divorce lawyers can guide you through these more challenging cases.

Divorce Process in Ontario

The divorce process in Ontario begins with filing an application, meeting residency requirements, and establishing grounds such as separation, adultery, or cruelty. Separation typically requires a one-year waiting period before the divorce can be finalized. Our skilled Toronto divorce attorneys at Moldaver Rosenberg LLP help streamline the process, ensuring your case moves forward smoothly.

Once the process starts, critical decisions on child custody, spousal support, and property division must be addressed. These matters often involve complex legal considerations, and our experienced family law team is committed to protecting your rights and achieving fair settlements that benefit you and your family.

Amicable Separation Agreements

At Moldaver Rosenberg LLP, we specialize in amicable separation agreements, where both parties collaborate to resolve issues like child custody, spousal support, and property division. These agreements can prevent the need for costly and lengthy court battles, saving both time and stress.

By promoting cooperation and fairness, our Toronto divorce lawyers help clients create legally binding separation agreements that foster long-term stability. This approach ensures that both parties are protected and that the focus remains on achieving a fair outcome for all, especially when children are involved.

Divorce Litigation

When amicable resolutions cannot be reached, divorce litigation becomes necessary. Our experienced Toronto divorce attorneys at Moldaver Rosenberg LLP are prepared to represent you in court. Whether the case involves high-conflict child custody disputes, financial dishonesty, or property division, our team is ready to fight for your rights.

With over 25 years of experience in family law, we meticulously prepare each case, ensuring the best possible outcome. We are dedicated to using a strategic and focused approach to secure justice and protect your parental and financial rights throughout the divorce litigation process.

Why Choose Moldaver Rosenberg LLP for Your Divorce or Separation?

Having a strong advocate can make all the difference. At Moldaver Rosenberg LLP, we prioritize amicable resolutions but are prepared to defend your interests aggressively when necessary.

  • Proven Expertise:Over 25 years of experience in family law
  • Tailored Solutions: Personalized strategies for your unique situation
  • Child-Focused: Always prioritizing the best interests of your children
  • Financial Protection: Exceptional analysis to safeguard your assets

Protect Your Rights and Secure Your Future

Your future is worth protecting. Whether you need a strong advocate to navigate a high-stakes divorce or a compassionate lawyer to negotiate a fair settlement, Moldaver Rosenberg LLP is here to help.
Call now for a confidential consultation:

Frequently Asked Questions

1. What is the difference between a contested and an uncontested divorce?

An uncontested divorce occurs when both spouses agree on all key issues, such as child custody, spousal support, and the division of assets. In contrast, a contested divorce involves disputes that cannot be resolved without legal intervention. Contested divorces usually require court hearings and take longer to resolve.

2. How long does the divorce process take in Ontario?

The length of the divorce process depends on whether it is contested or uncontested. An uncontested divorce can take a few months to complete, while a contested divorce involving litigation can take over a year, depending on the complexity of the case and court availability.

3. How is spousal support determined?

Spousal support is determined by several factors, including the length of the marriage, the income disparity between spouses, the roles played by each spouse during the marriage (e.g., primary caregiver or breadwinner), and the ability of each spouse to be financially self-sufficient.

4. Can I file for divorce if my spouse doesn’t agree?

Yes, you can still file for divorce even if your spouse doesn’t agree. In Ontario, you must demonstrate that the marriage has broken down, which is most commonly proven by living separately for at least one year. Other grounds include adultery or cruelty.

5. Will I have to go to court for my divorce?

Not necessarily. Many divorces are resolved through negotiation or mediation without the need for court intervention. However, if disputes cannot be settled amicably, litigation may be necessary, and court appearances will be required.

6. How is child support calculated?

Child support is calculated based on the federal and provincial guidelines, which consider the income of the paying parent and the number of children. Additional expenses, such as extracurricular activities or education costs, may also be factored into the calculation.

7. Can I modify a divorce order?

Yes, under certain circumstances, you can request a modification to your divorce order. Changes in financial status, employment, or child custody arrangements may justify revisiting the original divorce terms.

8. What happens if my spouse tries to hide assets during a divorce?

Our divorce lawyers are skilled at identifying hidden assets through forensic accounting and other investigative methods. If your spouse attempts to conceal assets, we will work to ensure a fair and accurate division of property.