What Do I Do if My Spouse Evades Service of My Divorce/Court Application?
Written By Allison McAlpine In Ontario, the Family Law Rules require “special service” of a court application/divorce application. How special service is to be carried out is governed by Rule 6(3) of the Family Law Rules which provides: “SPECIAL SERVICE (3) Special service of a document on […]
What to do When Your Income Decreases Due to COVID-19 and You Are Paying Support
By Allison R. McAlpine During this COVID-19 financial and health crisis in our community many people, unfortunately, are laid off or their income has decreased significantly. This article details the steps that you must take if you are in the Barrie, Ontario area and you need to lower your support during this crisis. If you […]
Case Conferences – Usually Your First Step in Front of a Judge
Written by Allison McAlpine After the Pleadings Stage and First Appearance (and any urgent motions) a Case Conference is held. This article provides information relating to Case Conferences in the Barrie, Ontario Family Court and is not meant to apply to other jurisdictions. A Case Conference is held in front of a Family Court Judge. […]
Urgent Motions Prior to Case Conferences
Written By Allison R. McAlpine Our last article “Starting a Family Court Case and First Appearances” dealt with the first step in a family court case being Pleadings and First Appearance. The next step (which most cases do not take) is an urgent motion before a case conference. Our next article will explain what a case […]
I Think My Spouse Owes Me An Equalization Payment; Can I Pay My Legal Fees When I Get That Money?: Contingency Fees and Family Law
Written by Colin A. Steffler There are numerous law firms advertising on television, radio, internet, and elsewhere that claim, “our lawyers only get paid when you get paid” or “no fees unless we win”, or otherwise offer some arrangement where the lawyer’s fees are taken out of any settlement or court judgment obtained. These fees […]
Can my Ex and I use a “Do-It-Yourself” Separation Agreement template we found online?
Written by Colin A. Steffler Just as there are many “do-it-yourself” kits for Wills and Powers of Attorney available, there are a number of websites that offer templates for Separation Agreements. Often these are advertised as being free to use and some claim to take only 5-10 minutes to complete. Just fill in the blanks […]
Financial Disclosure – We Know It’s a Pain, But Here’s Why You Should do it
Written by Allison R. McAlpine For many clients, the thought of producing financial disclosure in a family law matter is overwhelming and kind of a pain. Nevertheless, financial disclosure is the most important part of the process when dealing with issues of child support, spousal support and property division. What is Financial Disclosure? In any […]
I’ve Been Served Court Papers: What Do I Do Now?
Written by Colin A. Steffler If you’ve been served with court papers, it may have come as a complete shock, or it may have been something you knew was coming. Either way, you may have no idea what you need to do next and responding to the lawsuit may seem like a daunting task. Here […]
Kitchen Table Agreements and Mediation – Cost-Effective Resolution Options
Written by Allison R. McAlpine In resolving a family law separation matter outside of Court, there are typically three stages: Financial Disclosure – spouses and lawyers exchange financial disclosure including income tax returns and notices of assessment, and proof of assets and debts on date of marriage and date of separation; Negotiation of Basic Terms […]
Ways to Resolve Family Law Matters
Written By Allison R. McAlpine The road between separation and resolution is unique to every couple. Just as your relationship was different than anyone else’s, your separation will be different too. Here are some ways in which people resolve the issues that arise upon separation. 1. Kitchen Table Agreement This is where a couple will […]