When your marriage, or your common-law relationship, breaks down it is a sad and stressful time not just for you, but also for your children. Our Whitby family lawyers at M. G. Michaels & Associates believe it is in the best interests of our family law clients to help them reach a signed Separation Agreement as efficiently as possible—the heart of divorce law in Ontario. Whitby divorce lawyer Marie G. Michaels and her team of family law lawyers serve the communities of Whitby, Ajax, Pickering, Oshawa, Bowmanville, and Courtice in Durham Region.
We believe in advocating strongly for our clients while giving them practical, no nonsense advice to overcome an impasse in family law negotiations.
Separation and divorce are two distinct and different legal concepts, yet our Whitby family lawyers at M. G. Michaels & Associates find that our clients use the terms interchangeably. A separation means that the spouses are living separate and apart. In fact, living “separate and apart” for one year is the most common ground for divorce in Ontario.
A Separation Agreement, signed by both spouses, is legally required in order for both spouses to begin separate legal lives. A Separation Agreement is a document that details how you will divide property, which spouse will have custody of the child(ren) and which spouse will have access to the child(ren), the amount of child support and spousal support. Essentially, a Separation Agreement separates your financial and family life from that of your spouse.
A divorce legally ends your marriage. In other words, it changes your legal status from “married” to “single.” A Divorce Order is a formal document issued by either the Superior Court of Justice or the Unified Family Court. A Certificate of Divorce is a legal document issued the day the divorce is finalized. In most cases, this is 31 days after the Divorce Order is granted. In order to get re-married, you will need a Certificate of Divorce.