Monday, October 24, 2011

Divorce and Separation


Separation agreements and court orders can resolve some family matters when you separate but they do not legally end your marriage. The only way to legally end your marriage is to get a divorce. The following links will help you find more information about divorce law and procedure.

Getting Started
What You Should Know about Family Law in Ontario (available in 9 languages)
Covers many aspects of divorce and separation, including mediation, choosing a lawyer, going to court, your rights and obligations
Family Law Information Centres (FLICs)
An area in each family courthouse where you can receive free information about divorce, separation and related family law issues (child custody, access, support, property division and child protection) and referrals to community resources. Each FLIC has a variety of publications available addressing these issues, as well as guides to court procedures. Staff and Advice Lawyers are also available at designated hours
Getting Divorced (CLEO)
A brochure that provides information about legally ending a marriage in Ontario.
Resource List
Extensive list of books and websites for adults and children covering separation and divorce, parenting, emotional and financial issues. Includes age appropriate reading suggestions and interactive websites.
Settling out of court
Using a lawyer
Mediation
The mediator, a neutral third party, can help you reach an agreement on a variety of issues, including support payments, the division of property, and child custody and access. Mediators, unlike judges or arbitrators, do not decide cases or impose settlements
Arbitration
Arbitrators, like mediators, are neutral third parties. However, unlike mediation, parties who wish to arbitrate must agree to be bound by the decision made by the arbitrator
Collaborative Family Law
Collaborative lawyers assist parties in negotiating a resolution of their dispute(s) in a principled and respectful fashion without going to court. Both parties and their lawyers sign a contract committing to this process in advance
Going to court
If you and your spouse cannot agree on how to resolve your family law issues, you can go to court and ask a judge to decide for you. If you are married, you will need to apply to a court to obtain a divorce order in order to end your marriage

Understanding the family court system in Ontario
Guide to procedures in Family Court
The Family Court is a branch of the Superior Court of Justice. The Family Court is the only court in Ontario that can hear all family law cases, including divorce, child and spousal support and child custody/access cases
Guide to procedures in the Ontario Court of Justice
The Ontario Court of Justice can hear family law cases involving child and spousal support, child custody and access, child protection and adoption. It cannot grant a divorce order or decide property matters
Guide to procedures in the Superior Court of Justice
The Superior Court of Justice can hear family law cases involving the same types of issues as those in the Family Court, except for adoption and child protection applications. These types of cases can only be heard in the Family Court or the Ontario Court of Justice
How to get a copy of a Divorce Order, Certificate of Divorce or other court document
Court locations and addresses across Ontario

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