A FOCUS ON RESOLVING YOUR FAMILY LAW ISSUES
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Divorce and separation can have serious consequences on your future, and the future of your children. Very important decisions must be made about how all aspects of the relationship will be resolved. When separating with your spouse, there are multiple family law issues that must be negotiated and resolved, in order to ensure your rights are protected and your finances are secure. There are specific and sometimes complex laws, rules and judicial decisions, which all determine and regulate how each legal issue should be resolved. You want a dedicated and skilled lawyer by your side, ensuring that you fully understand your rights and options, and ensuring you are protected.
It is critical that you choose the right family law lawyer. Ideally, you will want to retain legal representation at the earliest point of your separation. Your decisions and actions directly after separation can have long lasting effects on how and whether your matter resolves. Your relationship with your lawyer is very important. Our firm practices exclusively in family law, and domestic criminal matters. We ensure each of our clients has a strategic plan, focused on achieving results and prioritizing the client’s needs and interests. Our clients are provided effective and timely service, to ensure their voice is heard and their interests are protected.
We understand that that separation has a considerable impact on your mental health and emotional well being. Your anxiety and stress are only increased without feeling assured that you are being heard and your rights are protected. We focus on protecting your interests and resolving your matter, so that you can focus on you and your loved ones. We ensure you are aware of your rights and fully involved in determining your goals and ideal outcomes.
We ensure that our clients know their rights and are confident in how their matter proceeds. Call or email us to schedule a thirty minute consultation
Going through a child custody and access dispute is scary. You may be concerned that your separation will have an impact on when and how you see your children, and whether you continue to share decision making authority. Tensions can escalate quickly when there is no consensus on these issues, causing unnecessary arguments and confusion. Whether your matter resolves by way of a Separation Agreement or Court Order, the issues of how decisions for the children are made and when each parent will spend time with the children must be clearly set out to avoid confusion or disagreement. Issues such as where the children will attend school, medical and counselling choices and providers, and whether certain religious practices will or will not be followed all need to be decided. A clear settlement of who makes these decisions, how they are made and the obligation to inform the other parent of the decision must be explained to avoid argument and confrontation each time a new issue arises. Further many parents prefer to have a clear regular parenting schedule and holiday schedule, to ensure both parents are sure of when they will spend time with the children.
Where parents are not bound by a specific decision-making processes or parenting schedule, situations may escalate quickly and with little warning.
Booking a consultation with our firm to answer your questions regarding a child custody or access matter. Schedule a thirty-minute consultation by calling our office at 226-884-5144 or email our Legal Clerk at kim@plainefamilylaw.com
It is important to note that married and common law spouses have very different rights when it comes to property, assets and debt gained during the relationship. For instance, when spouses divorce, the contribution of each person to the marriage is recognized and property is divided equally, with some exceptions. Also, if an asset is owned prior to the date of marriage, yet increases in value during the marriage, the increase in value is also assumed to be shared equally. In order to divide the assets and debt of the marriage, it may be the case that one spouse must pay the other an “equalization payment”, to account for the unequal distribution of property.
The distribution of property can become complex as there are some possible exclusions to the rules, including gifts, inheritances and legal settlements, received during the marriage from someone other than a spouse. However, this is not always the case, depending on how the excluded property is used.
There is no automatic assumption of shared property for common law spouses, aside from assets and debt jointly owned. However, a common law spouse may be entitled to an interest in property owned by their spouse where they made a direct or indirect contribution to the property or asset. These claims are referred to as trust claims.
Speak to Plaine Law today to schedule a thirty-minute consultation. We will ensure you understand your rights and develop a strategic plan to protect your interest in your property.
During a separation or divorce, entering into a Separation Agreement or receiving a Final Order generally brings a sigh of relief. Both parties are assured that their matter has resolved and are given specific instructions as to how their family law matter will unfold. However, there are many cases where an Agreement or Final Order must be changed, as it no longer reflects the needs of the parties or children involved. In some cases, changes can be made through the negotiation and consent of the parties, with little need for Court involvement. In other cases, where the spouses cannot agree on the changes sought, the party seeking the change must bring the matter before the Court to determine what changes are in the parties’ or the children’s best interest.
It is important that you choose a lawyer that has the savvy and strategic ability to know when and how to resolve your matter outside the courtroom, without the need for costly legal fees or wasted time. If your matter does need to end up in the Courtroom, you will want a tireless and aggressive advocate on your side, ready to protect your rights. At Plaine Law, we use our knowledge and background to advocate for the optimal outcome for our clients, based on their wishes. We develop a strategic plan to ensure your goals are reached.
Speak to Plaine Law today to schedule a thirty-minute consultation. We will ensure you understand your rights and develop a strategic plan to protect your interest in your property.
This is especially the case with children, whose needs and wishes may change over time.
All matters that involve parenting children require the issue of child support be addressed. With the right knowledge, this issue can generally be dealt with in a precise and straightforward manner.
For the most part, the child support payable is determined by the Child Support Guidelines. Yet, there are still issues that must be determined and addressed, such as whether the Guidelines are appropriate, when child support terminates and what proportion of special expenses each parent must contribute too. If child support is not addressed correctly, significant and damaging financial consequences can result far into the future. Without a properly drafted and comprehensive resolution, specifying how and when child support is to be paid, you are at risk of complicated and costly consequences down the road. Further, your matter could end up in a Court room years after your separation.
Unlike child support, spousal support issues are complex and evolving. You may be entitled to or be required to pay spousal support, even if you were not married to your partner. Entitlement may be based on the financial need of one party or the financial disadvantage one party assumed as a result of the relationship, such as taking on the role of a stay at home parent. Further, entitlement to spousal support is not based on an exact amount. Instead, the amount payable is determined by a sliding scale, which takes into account a number of factors and considerations, such as the length of the relationship. The issue of support can be dealt with in a number of ways, and does not necessarily require a monthly payment where entitlement is present. The potential exceptions and exclusions which may impact the payment of or entitlement to support are numerous and intricate.
Our firm has the knowledge and know how to ensure your interests are safeguarded. We are ready to assist you through your support issues, to ensure that you are protected and certain of your rights and responsibilities. Our clients receive a full explanation of their options and a strategic plan to avoid the potential for risky and costly uncertainty down the road.
Our family law lawyers have years of experience in successfully navigating our clients through these complicated issues with tenacity and confidence. Our lawyers will meet with you for an initial consultation to discuss your spousal support matter, set clear objectives, and discuss the steps needed to achieve these objectives.
The matrimonial home is any property in which either spouse has an interest and which is currently, or was at the time of separation, “ordinarily occupied by the person and his or her spouse as their family residence.” The central aspect of most marriages is the matrimonial home. Once a place of comfort and solace, the family home is a place of countless memories, both good and bad. During a divorce, each spouse must begin the difficult task of dividing and separating the marriage property, assets and debts. This includes deciding what to do with the matrimonial home. It may be the case that one or both spouses wish to continue to reside in the home, either for a short period of time or permanently. Further, leaving the home may limit your ability to return to the home without the consent of the other party.
Everyone has heard the horror stories about a spouse coming home one day to find all their things on the front lawn and the locks on the doors changed. This is not an approach any separating couple should contemplate, nor is it a legally reasonable or permissible approach for a spouse to take. Barring a court order or agreement between the parties, both parties have a right to equal possession of the matrimonial home; even if the home is only in one spouse’s name.
Possession and ownership of the matrimonial home can have an important impact on your custody, access and finances. At Plaine Law, we use our knowledge and background to advocate for the optimal outcome for our clients, based on their wishes. We develop a strategic plan to ensure your goals are reached.
A Separation Agreement is a legally binding contract negotiated and agreed to by the separated parties. This Agreement will set out the rights and responsibilities of both parties, as well as how each outstanding issue is to be dealt with. Further, it allows for your matter to resolve without having to step into a Court room. Your Agreement provides you with the peace of mind in knowing how your matter will resolve and protecting your rights. While you and your separated spouse may have a verbal agreement as to how your separation will proceed, a written agreement ensures that both parties are on the same page as to their rights and requirements.
Although your Agreement does not have to be drafted by a lawyer to be valid and binding, it is important that your Agreement fully protects all of your rights and leaves no room for confusion or misinterpretation. The last thing you want is for your matter to end up in Court years down the road.
Speak to Plaine Law today to schedule a thirty-minute consultation. We will ensure you understand your rights and develop a strategic plan to protect your interest in your property.
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