Open a family court case

When married or common-law spouses separate, key issues such as property division, support, child custody, and access may need to be resolved. . Disagreements over these issues can sometimes be negotiated and settled with the assistance of counsel or a mediator. However, where the parties cannot reach an agreement, it is necessary to apply to the Court to ask for a final decision on the dispute issues.

In such cases, either spouse can file a Family Law Application which may or may not include a request for a Divorce. This requires filling out specified court forms and preparing financial information that will need to be filed with the Court and served on the other party.

* If the other party responds, then the Court will hear and review evidence by both parties prior to deciding the issues at a trial.

* If the other party does not respond, then the Court can decide the issues at an “uncontested trial” that is attended only by the spouse who applied. The Court can make binding decisions in the absence of a party, which makes it important to respond to a Family court application if you receive one and to appear at any scheduled court dates.

Many cases settle out of court and it is possible and common to continue to negotiate out of court after a contested divorce is filed in Court to increase the likelihood of a mutually agreeable, quick solution, and reduce legal costs. Please note that while it is possible to apply to the court for an order resolving key issues less than one year after separating, a Court cannot grant a divorce itself (meaning to legally end the marriage) until one year has passed since separation in most cases.
  • A phone call of unlimited duration with one of our lawyers experienced in Family law to collect information
  • If necessary, a written follow-up or a phone call
  • Legal advice on child and spousal support
  • Legal advice on child access and decision-making arrangements
  • Legal advice on property issues
  • Drafting of the application form (Form 8)
  • Preparation of necessary financial disclosure (Form 13) with commissioned signature and assembly of supporting documents
  • Preparation of Form 35.1 (if applicable)
  • What's not included in the fees
    • Please be advised that no court representation is included in the package
    • Serving and filing court documents are not included, but can be purchased for additional fees
  • Accessible throughout Ontario.
  • No need to move from home. Everything is done over the phone or through your legal portal.
  • Optional for an additional fee: assistance in the process of filing proceedings (Court fees not included), process serving
  • Expertise and guidance: Your Neolegal lawyer will work with you to understand your situation and guide you to the best legal solution for your case.
  • What you see is what you pay: In our effort to democratize access to the legal system, all of our rates are fixed and affordable. (No hourly rate!)
  • Comprehensive services: Neolegal offers a full range of services to help you further legal actions, if necessary.
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