Divorce Lawyers Toronto
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What to expect when you choose the family lawyers at M & Co. Law Firm
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The first call
Making the first call to a divorce lawyer Toronto can often be difficult but it doesn’t mean you are committing to getting divorced or even initiating the process. It’s about gathering information. If you are making the call we understand that there are issues in your relationship and that you are evaluating the best course of action moving forward. We are here to listen and provide you with information about your options.
During the initial call, our family law lawyers will spend time discussing the issues in your separation and your options. They will provide you with the information and guidance you need to decide to divorce on your terms. If you believe that divorce is the right option to move forward, we want you to make sure you choose the right process for you.
Once you have decided to divorce, the two most important decisions you make will involve choosing the right family lawyer and the right strategy.
When you are ready, call 416.862.0980 or email our family lawyers at admin@mlawgroup.ca or book your call online.
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Choosing your process
At M & Co. Law Firm, our cases are classified into one of two streams. The first stream is Collaborative/Settlement-Focused, and the second stream is Litigation. The skill set needed to negotiate and work collaboratively is very different from the skill set required to be an effective trial lawyer. Many lawyers claim to be able to navigate both types of cases, but in our experience, this is not the case. We have specifically delineated these cases. We are happy to have the bench strength to offer highly skilled lawyers in both streams.
One significant benefit to the two-stream model is that sometimes your case starts in one stream but then, due to various factors, needs to be re-evaluated and realigned to the other stream. We can do this seamlessly and without additional cost. Additionally, we excel in facilitating uncontested divorce proceedings, which are an inexpensive and less frustrating process that avoids disputes needing resolution in court, reduces hostility, and allows both parties to resume their lives more quickly.
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Out-court settlements
Collaborative law is an alternative to the traditional court-based approach that avoids costly court proceedings, preserves relationships and greatly reduces stress and the time required to reach a mutually agreeable and legally binding separation agreement. It is non-adversarial and requires both parties to work together in good faith through a participation agreement that is facilitated by a team of two specially trained Toronto divorce lawyers and neutral third-party specialists.
A settlement-focused process involves the lawyers working with the clients to resolve all issues in the separation, without filing a Court Application. The couple works with their lawyers to resolve the issues of their separation. Even couples who are unable to communicate with each other can benefit from a settlement-focused approach, as long as they are willing to make decisions, compromise, and fully disclose their assets and financials.
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Timeline & Cost
While there is no standard timeline and budget (as each process and the people involved are unique), we can provide insight into how couples working together can control these important factors.
Additionally, it’s important to note the government court fee for filing a divorce in Ontario, which is a necessary cost to consider. However, there’s a possibility for a fee waiver based on the client’s earnings, which can alleviate some of the financial burden.
Reaching an agreement with your partner to stay out of Court and using a non-adversarial approach to your divorce helps to avoid costly court proceedings and to preserve relationships. It’s also a proven and reliable way to expedite timelines and preserve family assets. Traditional court-based approaches are not only much more expensive and painful, but they typically take much longer, as the schedule of the court often determines the speed of the process.
A settlement-focused approach operates under the assumption that the parties involved are the best decision-makers for their futures, and the futures of their children, not a judge. This means the timeline of the overall path to resolution is within the control of the two spouses and determined by their ability to work together in good faith.
The ability of the spousal parties to compromise and resolve the set of issues will ultimately drive the schedule, the amount of resources applied, and the cost.
While there is no standard timeline and budget, resolutions usually cost between $20K –$30K in legal costs and require between 12 to 20 months. But again, the speed and cost are largely determined by the ability of the two parties to work together and the efficiency in providing complete financial disclosure.
Why Do We Charge a Consultation Fee?
At M & Co. Law Firm, we charge a fee for the initial call with our Firm for the following reasons:
1. Our clients are our first priority.
We have a full roster of people who are paying us to handle their legal matters. Every hour during the day is spent researching and working on the best way to help them reach their goals. When we stop what we are doing to take time to interview prospects or people who are interviewing divorce lawyers, we have less time to focus on our current cases. As a result, it is only fair to charge new people for our time to discuss what their case is about. The clients of this firm are our primary priority, and as a result, we focus our time and resources to ensure our clients receive the majority of our attention. While we want to help as many people as possible, they come first.
2. Free consultations are usually sales pitches
The “free consultation” offered by some family lawyers is almost always going to be an opportunity for the lawyer to sell their legal services. It is highly unlikely that you will discuss the specifics of your case or what you actually want to accomplish during a “free consultation”. This is not the philosophy that we hold. Our initial consultations are intended to provide a general overview of your specific situation including immediate issues, your goals and, to ensure that we are a good fit. Because most legal matters require several months to a year to resolve, it is important that we have a solid, good working relationship. Hiring a lawyer is an important process that we do not take lightly.
3. Our meeting is covered by solicitor-client privilege and your spouse cannot hire our firm
Your initial consultation is covered by solicitor-client privilege when you speak with our Firm. This means everything we speak about must be kept confidential and it applies whether we work together or not.
Your spouse or partner cannot hire our Firm once we have completed your consultation as this would be a conflict of interest.
4. We credit all initial consultation fees towards your case if you retain our Firm
We charge $500 plus HST for the initial consultation for divorce cases. The full initial consultation fee will be credited towards your legal fees if you sign a retainer with our Firm, within 6 months of the consultation.
In general, our initial consultations take about an hour to 90 minutes. We encourage you to come to the consultation with a list of your questions and concerns including all the things that are keeping you up at night.
If you are looking for a free consultation, we are not the law firm for you. We have decades of legal experience that we want to share to accomplish the best outcome possible for you.
Types of Divorce in Toronto
There are two main types of divorce in Toronto: contested and uncontested. A key issue in both types, particularly relevant to family law matters, is child custody. This involves advocating for parental rights and ensuring the best interests of the children in custody and access disputes. It also includes assisting in establishing, modifying, and enforcing fair child custody arrangements, making it a critical aspect of navigating both contested and uncontested divorces.
Contested Divorce
A contested divorce occurs when spouses disagree on some or all issues raised in the divorce. Disagreeing on just a single issue will categorize the divorce as contested.
A divorce may be contested for various reasons. It’s not uncommon for spouses to disagree on several issues, particularly when children are involved and if the couple is ending their relationship on a bad note.
Divorcing spouses often have disagreements about:
When a divorce is contested, you do not have to immediately file in court. Mediation and out-of-court settlements are excellent options we can use to try to resolve your matter without filing for a contested divorce.
If you are still unable to resolve, spouses must file court documents stating their positions on the disputed issues.
Contested divorces are typically more drawn out than uncontested divorces. The length of time to finalize the divorce will largely depend on the nature of the disagreements and the willingness of the parties to come to a resolution.
If spouses are unable to come to an agreement on all of the issues, the case may have to go to trial. The vast majority of divorces are settled before the case reaches this point.
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Uncontested Divorce
An uncontested divorce is when both spouses agree on all issues in the divorce. When spouses are in agreement, courts will typically finalize the divorce without requiring a court appearance.
Uncontested divorces move faster than contested divorces, and they can save divorcing couples money on legal fees.
Frequently Asked Questions: Answered By Divorce Lawyer Toronto
- What should you not do during a divorce?
Divorce proceedings can be very stressful and taking certain actions during this time can often make things worse. Here is some advice for things you should avoid during a divorce:
- Posting about your divorce on social media
- Flaunting a new relationship in front of your ex or your children
- Selling or purchasing cars or property (or other expensive items)
- Hiding assets or other information from your lawyer
- Losing your temper during discussions with your ex
- When should I first contact a divorce lawyer in Toronto?
You should contact a divorce lawyer as soon as you think you may need one! Whether you’re facing challenges in your marriage or have already decided that divorce is the best decision, it’s crucial to understand your rights and obligations in any family law matter. This understanding is particularly important in the context of divorce and separation, where issues such as property division, child custody, child support, and spousal support come into play. A lawyer can guide you through every step of the process, ensuring you have a comprehensive strategy to approach these family law matters, whether your case involves contested or uncontested divorce, separation agreements, or representation in family court. The sooner you begin to work with a Toronto divorce lawyer, the better prepared you will be.
- How do I choose a divorce lawyer Toronto?
Choosing a divorce lawyer is one of the most important decisions you will make. If you want to resolve your divorce without going to Court, you wouldn’t want to hire a trial lawyer for your case. It is important you match your process with the skillset of the lawyer. Your Toronto divorce lawyer should also have experience and knowledge of the issues you are specifically dealing with. When speaking with potential lawyers, here are a few questions you can ask them:
- Does your practice focus on family law?
- What experience do you have with divorces similar to mine?
- How will we communicate throughout the divorce process?
- Based on what you know about my situation what challenges do you think I might possibly run into?
The goal of collaborative family law is to allow those who are in the middle of a divorce or separation, to work in a collaborative manner with …
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The goal of collaborative family law is to allow those who are in the middle of a divorce or separation, to work in a collaborative manner with …
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Divorce
Divorce is about moving forward and starting a new chapter. If you have settled all your other matrimonial issues or you are just starting the process, we are here to help.
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If you and your spouse are in agreement on the terms of your separation, you are free to put your decisions into a separation agreement…
At M & Co. Law Firm, we understand the importance of finding the right fit for your representation. We take the time to get to know our clients and create a strategic plan that will help them to move forward and make a positive change in their lives. Get in touch so we can learn more about your goals and how we can help you reach them.
Anna-Marie Musson, Managing Lawyer – Toronto
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