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Common Legal Questions Answered About Family Divorce

Below are quick answers to some of the questions clients ask most often about divorce in Ontario.

1. Is a lawyer mandatory to file for divorce in Ontario?

No, but it is strongly recommended. Divorce law is complex, and a lawyer helps protect your rights regarding property, custody, and support.

2. Can I get a divorce in Ontario even if my spouse does not agree?

Yes. Under Canadian law, after one year of separation, or in cases of abuse or adultery, you can file for divorce without the other party's consent.

3. How is property divided in a divorce in Ontario?

According to Ontario's Family Law Act, the value of property acquired during the marriage is typically shared equally through an equalization payment, unless you sign a legal agreement, such as a prenuptial agreement or separation agreement.


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