It doesn’t have to be stressful.
Divorce or separation can be complex when children, multiple homes, or businesses are involved. You may need full legal representation from start to finish in court, or alternatively only assistance in drafting court pleadings. We have experience in dealing in a wide array of issues specific to family law, including parenting time (access), decision making (custody), child and spousal support, exclusive possession of the matrimonial home, division of property, claims of occupation rent, and more.
As full representation can be costly, we provide unbundled legal services for a specific portion of your matter and coaching to self-represented parties on what to expect through the litigation process.
The Family Law Process
At Sabharwal Law, our goal is to ensure our clients are kept up to date throughout their entire proceeding, from start to finish, and understand each step of the way and the process. The first and most common question that requires determination is the date of separation. Determining the date of separation is the starting point in any family law matter, regardless of whether the matter is in litigation or if the parties are negotiating a separation agreement outside of court.
There is a common misconception that in order to be separated, one party must be living separately in a different home. Many are surprised to learn that both parties can still reside together, separate and apart, under the same roof and still be considered separated. The key words are separate and apart; this could mean sleeping in different rooms. The date of separation is often synonymous with what is known as the valuation date, which is important when determining any limitation periods, eligibility for divorce, and date to use when dividing assets.
In Ontario, you are eligible to obtain a legal divorce under three different bases; having lived separate and apart for one year with no prospect of reconciliation, if one party has engaged in adultery, or if there has been physical or mental cruelty at the hands of your spouse. While a divorce on the bases of adultery or physical or mental cruelty may result in a divorce being granted sooner (than having to wait one full year of being separated), seeking to obtain a divorce on these bases also require proof and evidence to the satisfaction of a judge. As such, the most commonly used basis for obtaining a divorce is having been separated for one year or more.
Finding the Right Family Lawyer
Navigating the family law court system can be intimidating and daunting, especially when coupled with the emotional toll of a divorce and separation. Our principal family lawyer, Karishma Sabharwal, has years of experience and expertise in advocating on behalf of clients in both the Ontario Court of Justice and Superior Court of Justice. At Sabharwal Law, we have your best interests at the forefront and fight for your rights throughout the process, whether that be in settlement negotiations with an opposing party or counsel, or in court.
When going through a divorce or separation, not knowing whether you are receiving a fair settlement can be stressful. Having an experienced and trusted family lawyer on your side can help ease your mind and make you feel confident that you are making the best decision for yourself moving forward.
Contact us today for a free consultation with a family lawyer if you have any questions or require clarity on the best path for you to move forward in your divorce or separation. We serve across the GTA, including Vaughan, Brampton, and Mississauga.