BAKER & BAKER

         Family Lawyers

During your thirty minute complimentary consultation you will receive a free copy of the Ontario Divorce Handbook by Donald S. Baker, LL.B.

We ensure that all your questions are answered.

Baker & Baker

1176 Yonge Street

2nd Floor

Toronto, Ontario

M4W 2L9

dbaker@bakerandbakerlaw.com

What is my first step? 

If you have children, they should be your main concern. Where will they live? How will you both work to ensure their care, education and well being?  We suggest that you sit down as a couple and explain the situation to your children immediately (or make sure they know that it's not their fault). 

When you are going to have a continuing relationship with your ex-spouse, such as when you have children together, mediation can help to develop communication and make your imminent interactions a little bit easier.  We are committed to helping you through separation negotiations in a compassionate and congenial manner. 

                                           Read more about our recommended solution >  Mediation

If you and your spouse have lived separate and apart for at least one year a divorce can be granted or if you can prove that your marriage has broken down because of physical or mental cruelty or adultery. 

• One party retains a lawyer. (Alternatively, both parties can work with a mediator to negotiate a separation agreement). The lawyer drafts and sends a letter to the other spouse informing him or her of the spouse’s intention to seek divorce and advising him or her to retain legal counsel.
• A financial statement is drawn up for each spouse listing expenses, income, and all assets and liabilities.     A meeting is set up with both lawyers and spouses to negotiate a settlement and to agree on the terms of a separation agreement. A Separation Agreement is the legal document which outlines the terms of your separation. It is the first step towards a divorce settlement.
• In cases where a separation agreement cannot be negotiated, one party must sue for divorce. Once the case is heard in court, the judge will decide the terms of custody, support and property division.)  A formal petition for divorce is made.
• Parties are required to attend a case conference before a judge in an effort to settle their legal matters and differences.  The judge may make recommendations for settlement, refer parties to a mediator, and set a subsequent settlement conference or motion date.
• A motion provides iinterim arrangements for support, custody, possession of the matrimonial home may be required.  Orders established on an interim basis remain until trial. 
• At a trial management conference a judge attempts to resolve outstanding matters and determine which issues are to be scheduled for trial. A trial includes evidence and witnesses in Court.  The trial the judge makes a decision on the outstanding issues and determination for costs.