I WANT A DIVORCE!


I WANT A DIVORCE!

These are the words that an angry or rationale partner may say to another. Or the words, a partner who is tired of being in a miserable marriage starts to Google, “I want a divorce” only to find millions of google searches.

For what its worth there’s no real way on how to cope with either wanting to obtain a divorce or being on the receiving end. What is important is that you hire a family lawyer who will help ease the emotional and financial stress and provide the best possible guidance.

Most people think a divorce simply requires the filing of standard paperwork the minute they walk out the door. However, its not necessarily as easy as that. The period of separation prior to filing for divorce is one year.

There are good reasons for that, in that many, many couples may attempt to reconcile. It’s also important to keep in mind that during that one year period the law understands couples may reconcile. Therefore, providing for a 90 day grace period.

In any event, simply saying the words you want a divorce isn’t enough. There will often be much more that happens. Especially, if the couple has property and children.

FAMILY LAWYER NEAR ME IN BURLINGTON? 

If you need the legal services of a local family law lawyer please call me direct.

Are you looking for a family law lawyer in Burlington or Oakville? Call my office.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

Lawyers with free consultation


DO LAWYERS CHARGE FOR CONSULTATIONS?

Some lawyers charge for legal consultations and some don’t. Often prospective clients are unaware that a lawyer may charge for a consultation.

At my law office for certain matters such as, civil litigation, family law and employment law I will likely charge a nominal fee.

Generally, for matters such as, personal injury law and criminal law I won’t.

Remember, a lawyer is taking time out to meet you, and to hear your story and to provide some recommendations and advice. Like any other professional the lawyer is entitled to bill for their time.

In all honesty, lawyers aren’t paying their bills through legal consultations. The legal consultation fee is also a way for a lawyer to determine if someone is serious about seeking advice or just shopping for free advice. You will be surprised with the types of people that call us and the types of problems we hear. On some occasions, a lawyer can spend a great deal of their time simply talking to new clients over the phone. That’s a lot of time.

If you are scheduling to meet with a lawyer always ask whether they charge for a legal consultation. If so, find out what the terms are. Many lawyers may charge for a legal consultation but may waive the fee if you retain them. Also, ensure you determine the method of payment. Unfortunately, many law offices are still old fashioned and don’t necessarily have debit and credit card options. If you’re paying by e-mail money transfer when does the transfer have to occur.

I’ve heard from some prospective clients that on scheduling a legal consultation some lawyers ask for a credit to be placed on file. Obviously, for the lawyer that’s peace of mind knowing they can bill for their services. However, what about the prospective client? What if they didn’t receive any helpful information during the session and it was a complete waste of time? Some prospective clients are required to pay immediately after receiving services such as a dentist office.

Whatever the case, always ensure you know the terms.

At my law office in Burlington I will generally request that prospective clients email me their availability. I will usually reply and confirm with the date, time and location and the terms of the legal consultation. Also, normally 24 hours prior to the legal consultation I will follow up with the prospective client to ensure they are still good for the day. I also advise, that if they can’t make it in, to not be shy about emailing me. This avoids me having to wait for a client that isn’t showing up thus, a waste of time.

I NEED TO TALK TO A LAWYER

If you need a local Burlington lawyer or a local Oakville lawyer call my office.

CIVIL LITIGATION LAWYER NEAR ME

Do you need a civil litigation lawyer? Call my office.

You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

WHAT IF I DON’T RESPOND TO A LAWSUIT


WHAT IF I DON’T RESPOND TO A LAWSUIT

If you have been recently served with a lawsuit don’t panic. But whatever you do, don’t just throw it in your drawer.

HOW MANY DAYS DO I HAVE TO RESPOND TO A LAWSUIT?

In Small Claims Court a lawsuit is started by filing a Plaintiff’s Claim. The Defendant must respond with a Defence.

In Superior Court a lawsuit is started by filing a Statement of Claim. The Defendant must respond with a Statement of Defence.

The time period from getting served to respond is twenty days and that includes weekends.

WHAT HAPPENS IF I DON’T RESPOND?

If you don’t respond with the appropriate court document the Plaintiff can move for automatic judgement. This is referred to as default judgement. That means you will be responsible for the entire amount of the claim. The process involves noting in default from there the Plaintiff may obtain default judgement.

This has serious consequences. Once a Defendant has been noted in default they are not entitled to any further notice regarding the court action. That means the Plaintiff can simply get the judgement and begin to either garnish your wages or place a lien on your property.

I WAS NOTED IN DEFAULT

If you were noted in default it’s a good idea to contact a civil litigation lawyer immediately.

LAWYER NEAR ME?

Are you looking for a local Burlington lawyer call my office 416-505-4901

 

My address is 901 Guelph Line, Burlington.

You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

What is a court motion?


WHAT IS A MOTION?

A court motion is an application to the court. There are various types of court motions. Common motions in civil litigation may be:

Common motions in family court may be for:

  • Motion to change
  • Motion for a temporary order
  • Motion for disclosure

Generally, motions should be avoided. They are costly and can be very adversarial with uncertain outcomes.

HOW DO I BRING A MOTION?

In both civil litigation and family law court motions require specific procedures for preparing, filing and serving documents. If any of these steps are inadvertently missed the consequences are dire.

In most situations, experienced lawyers will have thorough knowledge of the most up to date procedural aspects regarding motions. Even then, mistakes can be made! Some courts have certain procedures and practices that are not written and are only known by way of regular attendance.

Some civil litigation courts and especially family courts can be very busy and filing these documents can take anywhere between 2 to 6 hours.

HOW DO I FIND A LAWYER NEAR ME?

 Need a civil litigation lawyer in Burlington? Call my office.

Need a family law lawyer in Burlington? Call my office.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

HOW MUCH DOES A WILL COST?


HOW MUCH DOES A WILL COST?

Most people put off getting a Will for the obvious reason. It’s not viewed as something important. However, the other reason is costs. It’s obvious that people are generally afraid to call a lawyer because they think they will end up spending thousands of dollars.

For the most part, the cost of a Will is generally affordable. Most Wills and Estates Lawyers will offer competitive rates and may work on a flat fee basis. Also, if the Will is generally a standard Will, you can expect to find reasonable rates. By standard Will I mean, the typical customer who comes in, such as husband and wife with two or three kids and one home and or a cottage with some minimal savings in their account.

In many situations lawyers will also recommend a power of attorney for care and property. This is not, so that the lawyer can make some extra cash off the customer. This is again done for the purposes of ensuring procedure estate procedure.

NEED A LAWYER FOR A WILL NEAR ME

If you are looking for a lawyer for a Will in Ontario call my office.

A Will is one of the most important documents you will ever have.

Get a Will today.

Call my office I am a Wills Lawyer in Burlington.

My address is 901 Guelph Line, Burlington.

You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

Social Media and Family Court


PARENTAL ALIENATION AND SOCIAL MEDIA

If you are the victim of parental alienation you should consult with a parental alienation lawyer.

Today, many victims of parental alienation are resorting to social media to express outrage and or emotional grief regarding their predicament.

I don’t ever think its good to use social media for something as personal as parental alienation. However, there is a growing community and some find comfort in corresponding with others. If you do plan on using social media consider the following:

USE SOCIAL MEDIA TO:

  • Bring awareness to parental alienation
  • Connect with others
  • Support others
  • Commentary (limited)

DON’T USE SOCIAL MEDIA TO:

  • Disparage your ex-partner
  • Post numerous pictures of your alienated children
  • Derogatory or defamatory commentary about the court system
  • Naming and shaming a judge
  • Derogatory or defamatory commentary about your lawyer
  • Derogatory or defamatory commentary about the other lawyer
  • Videos of your children
  • Argue with others

Also, if you do plan on using social media it may be appropriate to use an anonymous account. You may also consider locking your account and be selective of who you permit access.

While some post pictures of their alienated children in the hopes they will one day connect. This could also backfire. I know of at least one situation where the child on becoming a teenager complained that her father was consistently posting pictures of her without her consent. She also told her father to stop following her account on social media. This was a father who had dealt with over 10 years of parental alienation.

Use caution when discussing any ongoing court case. While its great to receive support from your on-line community you don’t want to say anything incriminating.

Whatever the case you should always use professional judgement when posting on social media regarding parental alienation. Remember the internet is forever. What you post can be used against you in court. It can be used to demonstrate your judgement, frame of mind and character.

NEED MORE INFORMATION ON PARENTAL ALIENATION?

If you need more information about parental alienation check out the following articles:

 

I NEED A PARENTAL ALIENATION LAWYER

If you need a lawyer that understands parental alienation please call my office.

FAMILY LAWYER NEAR ME IN BURLINGTON? 

Are you looking for a family law lawyer in Burlington or Oakville? Call my office.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

I WANT A DIVORCE


MY SPOUSE WANTS A DIVORCE

Divorce and separation is definitely an emotionally traumatic experience. In fact, it probably ranks right up there with death of a loved one. Frequently, I receive calls from people, “my husband wants to leave me” or “my wife just told me she wants a divorce”.

A married couple starts their new life with the simple phrase, “I do”. Similarly, a married couple ends their marriage with the simple phrase, “I want a divorce”. Of course, it doesn’t end there.

If your spouse has just announced they want a divorce. Don’t panic, don’t grovel and don’t try to do something you may regret later. Remember, you will get through this. Often, when a separation or divorce occurs you will be the talk of the town amongst your circle of acquaintances, neighbours, co-workers and friends. Everyone loves a good story right? Therefore, its important to rely only on trusted confidants. Its also wise to seek the assistance of a professional such as, a counsellor, psychologist or psychologist. Its also important to have the right divorce lawyer by your side. One that doesn’t look at you as a pigeon ready for the plucking.

HOW DO I HIRE A FAMILY LAWYER?

Apart from his or her experience its important that you connect on a personal level with your Family lawyer.

Family law lawyer that listens to you

Ensure your family law lawyer listens to you and that their overall plan and strategy is to minimize conflict.

Ensure your Family Law Lawyer cares that you have children

Does your lawyer take into consideration your children? Not from just a child support standpoint but overall? Does your lawyers advice take your children’s well being into consideration?

Does your family lawyer tell you when you’re in the wrong?

So often, it seems lawyers are reluctant to tell their clients they have done something wrong. I believe its important to openly advise a client when they are engaging in behaviour that is detrimental to themselves or their children. For example, if a parent with custody is deliberately withholding access their lawyer should strongly recommend against it.

Is your lawyer only concerned with money?

A lawyer’s services are not free. However, your lawyers approach to your pocketbook and future legal fees is important. Some prospective clients tell me, that their lawyer won’t even speak to them and when they do, they charge them for even the simplest email or phone call.

BURLINGTON FAMILY LAWYER NEAR ME? 

Are you looking for a family law lawyer in Burlington or Oakville? Call my office.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

The Haq Mehr


I AM MUSLIM AND I WANT A DIVORCE

In my previous discussion regarding Muslims and Divorce in Ontario I discussed the idea of the Haq Mehr

If a Muslim couple or individual is either seeking a divorce in Ontario or looking at the legal impact of the Haq Mehr they should consult with a family law lawyer who has expertise in Islamic law.  It's also a good idea to consult your local imam in order to determine that the Haq Mehr is in compliance with Islamic Law. 

Whether or not the Haq Mehr is enforceable depends on the basis of whether it is a binding enforceable legal contract that satisfies terms of the Ontario Family Law Act.

HOW DO I ENSURE THE HAQ MEHR IS ENFORCEABLE?

In order to ensure the Haq Mehr or also referred to as an agreement is enforceable its terms should be reduced to a domestic contract the parties should ensure it complies with section 55 of the Ontario Family Law Act. in that it:

  1. Is in writing;
  2. Signed by both parties; and
  3. Witnessed.

HOW CAN THE HAQ MEHR BE SET ASIDE? 

Section 56(4) of the Ontario Family Law Act states that if the Mehr is recognized as a domestic contract it can be set aside if:

  1. A party fails to disclose significant assets, debts or liabilities existing when the contract was made;
  2. A party did not understand the nature or consequences of the contract or;
  3. Otherwise in accordance with the law of contract.

If prior to marriage the Muslim couple had an understanding of how the Mehr would be returned then it must be incorporated into writing. Parties should not presume that the Mehr will be automatically returned on the breakdown of a marriage and on whether one party commences the divorce proceedings.

 

FAMILY LAWYER IN BURLINGTON? 

Are you looking for a family law lawyer in Burlington or Oakville? Call my office.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

What is a Muslim Divorce in Ontario?


What are my rights as a Muslim in Ontario and divorce?

Very often, I receive calls from Muslims who are looking to get divorced in Ontario and want more information regarding the Haq Mehr. This is a concept entrenched within Islamic scripture and forms Islamic law. According to a 1998 Ontario Court decision, Kaddoura v. Hammoud, 1998 the concept of the Haq Mehr was defined as a gift in that it is akin to a marriage contract. 

The court in referencing the testimony of a local Muslim clergymen stated:

“Mahr” is a gift or contribution made by the husband-to-be to his wife-to-be, for her exclusive property. It is not, however, a gift in the sense that a gift is given by the grace of the giver, but in fact “Mahr” is obligatory and the wife-to-be receives it as of right.

........in many marriages, a portion of the Mahr is paid promptly, that is, before the marriage is consummated, and a portion, often the larger portion, is deferred to be paid on demand by the wife, or upon divorce or upon the death of the husband. In the case of such deferred payment, the portion deferred had the effect of helping look after a wife after divorce or after her husband’s death. He also advised that although a wife could forbear or waive payment of the Mahr, she was entitled to it as a matter of Islamic religious principle.

The court also stated, that the Haq Mehr was essential to a Muslim marriage. 

I NEED A MUSLIM DIVORCE LAWYER 

If you need a lawyer in Burlington or Oakville that can assist with a Muslim Divorce then call my office.

Are you looking for a family law lawyer in Burlington or Oakville? Call my office.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

WHAT HAPPENS IF I CAN’T SERVE THE LAWSUIT?


WHAT HAPPENS IF I CAN’T SERVE THE LAWSUIT? 

If you can’t serve a party this can become quite a nightmare. Especially, if you’re suing more than one party.

See my discussion about How to serve court documents? 

Also see my discussion about What is an Affidavit of Service? 

Always ensure you check the expiration period in which you must serve. For example, in civil court you must serve the lawsuit within six months. Failure to do so, will render the lawsuit null and void as if it never existed.

Always, check the Ontario Rules of Civil Procedure for civil cases and the Ontario Family Law Rules for family court.

If you can’t serve the other party, then your only option is to bring a motion to court as soon as possible. When bringing a motion you may ask for substituted service or service to be effective at the last known address or service to be dispensed or an extension for time to serve.

Most, civil litigation lawyers will often option to throw everything and the kitchen sink in to stay on the safe side.

To be truly successful on this motion the party looking to serve must successfully demonstrate they have made reasonable attempts to serve. The unwritten rule is generally about three times. Also, three reasonable attempts. If the party wasn’t home at 10:00 AM on a Monday don’t expect its fair to return at 10:30 AM. They may be work.

Also, courts will want to ensure you have the most recent up to date address for the individual. This can also become tricky. Especially, if the individual has no fixed address. If you don’t have the most up to date address don’t be surprised a court tells you to buzz off, and return when you have done more homework. This might involve hiring skip tracers.

In many situations even after complying with the above the court may simply grant you an extension for time for service. Which means, you’re basically back at square one, but the original six month limitation has been extended. That means you need to reattempt possibly another three times to serve.

If your family law lawyer or your civil litigation lawyer is using the services of a process server this can become very expensive. If you’re serving on your own expect to take time off work or be sleuthing around in the evenings trying to find the person.

Serving people is truly a headache. One that should be eliminated by virtue of all the great technology we have.

After all, if you were conversing with the prospective Defendant yesterday via email. Why can’t you simply serve them with a claim? Aside, from the obvious that they Defendant could claim they never received it.

Bringing a motion in regards to service can be a headache. Call a civil litigation lawyer today to find out more.

CIVIL LITIGATION LAWYER NEAR ME?

If you need a civil litigation lawyer in Burlington.
I provide legal services in Burlington, Milton, Hamilton and Oakville.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211