Practice Areas
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Practice Areas - Moss Law
Divorce Proceedings
There is a mandatory one year separation period that must be satisfied before a Divorce Order can be obtained. At Moss Law we will assist in advising you of what constitutes a separation. It is possible for you and your spouse to live under the same roof and yet still be considered to be living separate and apart for the purposes of the Divorce Act. If you and your spouse have already formally finalized the legal issues following your separation, then getting a Divorce Order is relatively simple and the application can be made jointly with your former spouse. Furthermore, if you are a victim of either adultery or cruelty (i.e. intense physical and emotional abuse which has rendered continued cohabitation intolerable) then it may be possible to obtain a divorce instantly. However, these two grounds are difficult to prove and require a convincing and compelling evidentiary base.
Cohabitation Agreements and Marriage Contracts
Entering into a cohabitation agreement or marriage contract can help prevent disputes over property and spousal support in the event of a relationship breakdown. By addressing potential sources of friction, such agreements can strengthen your relationship, particularly for those entering second relationships or with children from previous relationships. Our team at Moss Law can help you create an agreement that achieves your goals and protects your interests.
Spousal Support
Understanding the financial implications of separation or divorce is essential, particularly for spouses who may be entitled to spousal support (also known as alimony). Our family lawyers at Moss Law have extensive knowledge in determining entitlement, the quantum of support, duration, termination, and enforcement of support, ensuring that your rights are protected throughout the process.
Child Support
Children have a legal right to financial support from their parents, and determining child support payments is a critical aspect of family law. Moss Law is well-versed in federal and provincial child support guidelines, assisting clients through the complexities of child support laws and ensuring that the best interests of the children are put first.
Decision Making (formerly “custody”) and Parenting Time (formerly “access”)
Addressing parenting issues, including decision-making responsibility and parenting time, is an integral component of family law. Moss Law's team can help you navigate the changes in terminology and legislation, providing guidance on matters such as contact orders for non-parents and step-parents, and how decision-making responsibilities can be divided between parents.
Property Division, and Equalization
Ontario's property equalization scheme under the Family Law Act (FLA) is called a “deferred community-of property” regime. This means that when two people enter into a marriage, each spouse becomes automatically entitled to an equal share of the profits of that marriage.
However, there is no legislative property division scheme for the division of property belonging to common law couples. If you are in a common-law relationship, the property you bring into the relationship, plus any increase in its value, usually continues to belong to you alone. If you and your spouse separate, there is no automatic right to divide it or share its value. If you contributed financially or in some other way to your spouse’s property, you might be able to bring a claim in trust and equity to obtain a share of that property. A court can look at whether your spouse was “unjustly enriched” at your expense. But this can be hard to prove. If the court gives you a share of your spouse’s property, the size of the share may depend on how much you contributed or on how much your contribution increased the value of your spouse’s property.
Relocation
Not all moves are considered a “relocation.” The Divorce Act has different rules depending on whether a move by a person with parenting responsibilities or by a child will affect the child’s relationships in a considerable way.
A “relocation” generally means the parenting time schedule for the child will no longer work because of the move. This is because of the distance between the parent’s new home and the child’s current home, and how this affects the parenting time schedule. The court will examine each parties’ respective circumstances and challenges and the overall impact on the child. Sometimes even a move of a relatively short distance can be a “relocation” if there will be a considerable impact on the parenting schedule. The March 2021 changes to the Divorce Act has implemented new requirements for relocations.
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Our Firm’s Legal Practice Areas
Separation Agreements
Navigating the complexities of divorce often involves drafting a separation agreement. This crucial document addresses matters such as child custody, support, property division, and other challenges arising from a relationship breakdown. At Moss Law, our experienced family lawyers provide guidance and representation to ensure that your separation agreement is practical and safeguards your rights, allowing you to move forward in life.
Cohabitation Agreements and Marriage Contracts
Entering into a cohabitation agreement or marriage contract can help prevent disputes over property and spousal support in the event of a relationship breakdown. By addressing potential sources of friction, such agreements can strengthen your relationship, particularly for those entering second relationships or with children from previous relationships. Our expert team at Moss Law can help you create an agreement that achieves your goals and protects your interests.
Spousal Support
Understanding the financial implications of separation or divorce is essential, particularly for spouses who may be entitled to spousal support (also known as alimony). Our family lawyers at Moss Law have extensive knowledge in determining entitlement, the quantum of support, duration, termination, and enforcement of support, ensuring that your rights are protected throughout the process.
Child Support
Children have a legal right to financial support from their parents, and determining child support payments is a critical aspect of family law. Moss Law is well-versed in federal and provincial child support guidelines, assisting clients through the complexities of child support laws and ensuring that the best interests of the children are put first.
Decision Making(custody) and Parenting Time (access)
Addressing parenting issues, including decision-making responsibility and parenting time, is an integral component of family law. Moss Law's expert team can help you navigate the changes in terminology and legislation, providing guidance on matters such as contact orders for non-parents and step-parents, and how decision-making responsibilities can be divided between parents.
Property Division, and Equalization
Ontario's property equalization scheme under the Family Law Act (FLA) is called a “deferred community-of property” regime. This means that when two people enter into a marriage, each spouse becomes automatically entitled to an equal share of the profits of that marriage.
However, there is no legislative property division scheme for the division of property belonging to common law couples. If you are in a common-law relationship, the property you bring into the relationship, plus any increase in its value, usually continues to belong to you alone. If you and your spouse separate, there is no automatic right to divide it or share its value. If you contributed financially or in some other way to your spouse’s property, you might be able to bring a claim in trust and equity to obtain a share of that property. A court can look at whether your spouse was “unjustly enriched” at your expense. But this can be hard to prove. If the court gives you a share of your spouse’s property, the size of the share may depend on how much you contributed or on how much your contribution increased the value of your spouse’s property.
Relocation
Not all moves are considered a “relocation.” The Divorce Act has different rules depending on whether a move by a person with parenting responsibilities or by a child will affect the child’s relationships in a considerable way.
A “relocation” generally means the parenting time schedule for the child will no longer work because of the move. This is because of the distance between the parent’s new home and the child’s current home, and how this affects the parenting time schedule. The court will examine each parties’ respective circumstances and challenges and the overall impact on the child. Sometimes even a move of a relatively short distance can be a “relocation” if there will be a considerable impact on the parenting schedule. The March 2021 changes to the Divorce Act has implemented new requirements for relocations.