Family Law Frequently Asked Questions

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Frequently Asked Questions

If you don’t see your question below or you feel you need more information, please contact us at 1.844.690.2929 or email us at info@nylandlaw.ca.

Can I refuse access to my ex if child support is not paid?

No, you have no right to deny or limit the rights of an access parent.  There are options available to you to successfully receive child support. 

Contact Nyland Law today to learn about these options.


Who will get custody of my children?

A parent will be awarded custody if it is deemed to be in the best interests of the child.  The courts determine the child’s best interests.  Courts prefer to maintain as much stability as possible for children during the separation and divorce.  If one parent acted as the primary caregiver throughout the relationship, that parent will be more likely to be awarded primary residence.  Sometimes, the Judge will order an assessment to be done by a social worker or psychologist to help inform their decision.


Who decides how to divide our property?

You and your spouse, an arbitrator, mediator or the courts can decide.  The most cost effective way is for you and your spouse to decide how to divide your property and then incorporate those terms into a Separation Agreement.


What happens to the division of assets if we were common law and not married?

For common-law couples, there is no entitlement to division of property and assets as there is with married couples. Each common-law partner is entitled only to what he or she brought into the relationship or acquired during it.


What if my spouse doesn’t want a divorce?

That doesn’t matter. If you want a divorce, you can get one. Unless there is adultery or cruelty involved then a one year separation period is all that is required to become eligible a divorce. Once the one-year period of separation has expired, you can apply to the court for a divorce.


How long does it take to get divorced?

That depends on your specific circumstances. If you are asking for a divorce based on adultery or cruelty, the court may grant the divorce immediately. If you’re getting divorced based on the one year separation, then you must wait the one year before the divorce is granted and then an additional 31 days for it to take effect after the Judge signs the Divorce Order.


My spouse cheated on me and I’m devastated. What can I do?

You can separate and get a divorce. The purpose of the court will be to deal with your separation and divorce along with any other issues such as child support and custody. The family law system does not take into account any conduct between the spouses when making decisions related to separation or divorce.


Should I leave the matrimonial home?

If remaining in the home is detrimental to the safety and welfare of you and your children, leave immediately. If not, it is inadvisable to leave the matrimonial home as it may impact your ability to possess the home or gain custody of your children. If you left the children in the home you may be creating a new status quo with respect to the primary caregiver which could have an impact in court.