Family Law
G. Acosta Law works closely with families going through separation, cohabitation agreements, property division, child support, and look out for yours and your children’s best interest while enduring this difficult time.
Family Law Practice Areas
Separation
Under the law, when a couple lives separate and apart even though they are still legally married, they are deemed to be separated. You can, however, remain living in the same home but still be considered living separate and apart. The date on which a couple separates will play a vital role in resolving issues such as child support, spousal support and property division. It is typical that you will have many questions about the legal process of separation and filing for divorce. Our firm will ensure that you are fully informed as to your rights and entitlements during this overwhelming and stressful time so that you can feel confident and at ease moving forward.
Cohabitation Agreements
A cohabitation agreement is between two people living together, unmarried, while in a romantic and/or sexual relationship. Many individuals are choosing to cohabitate with their partner rather than get married. Since unmarried couples are not treated the same way as married couples are under the law, if you choose to cohabitate with your partner, it is important that you are informed as to your rights and entitlements upon cohabitation. Our firm will ensure that you are fully informed and ensure that a properly drafted cohabitation agreement is prepared that protects your interests.
Divorce Application
Divorce is the formal end to a marriage. It is the legal process that a married couple must go through to end their marriage. The Application for Divorce will set out the reasons for getting a divorce and it will also address issues such as child support, spousal support, property division and parenting arrangements. If there are children of the marriage, a court will only grant a divorce if adequate and reasonable child support arrangements have been made for the children. Everyone’s divorce process looks different so it is important that you immediately contact a lawyer to get informed as to the appropriate steps preceding your divorce. Our firm will ensure that these steps and processes are taken to ensure that you obtain a divorce order.
Decision-Making Responsibility
Formerly Known As Custody
Decision-making responsibility is not about which parent the children live with – where the children reside is called residency. Decision making responsibility is about who will make important decisions about the care and well-being of the child. A parent who has sole decision-making responsibility can make important decisions about a child’s care, education, health care, and religion. If the parents share decision-making responsibility, both parents must agree on important decisions.
Sometimes, it is not practical to have shared decision making if one parent is abusive or if the parties do not communicate well. In these circumstances, seeking sole decision making responsibility or having one parent make the final decision after meaningful consultation with the other parent may be in the best interest of the child.
Our firm will assess your matter and help you determine what is the optimal arrangement in your circumstance, always keeping in mind the law’s main tenor of what is in the child’s best interest.
Parenting Time
Formerly Known As Access
Parenting Time, formerly known as access, is about who the child spends his/her time with when parents separate and subsequently divorce. Every parent has the right to visit or be visited by their child, so it is important to devise a parenting schedule that will give each parent the opportunity to spend meaningful time with their child, including holidays and special occasions. While in some cases, it may be a 60/40 split (or less) in other cases, it may be a shared parenting arrangement with each parent having equal parenting time with the children.
There are circumstances where it is not ideal for a parent to have parenting time with a child or parenting time must be supervised by a third party if there are safety concerns. In these circumstances, you may need a court order to stop or curtail the other parent’s parenting time.
Our firm will assess your matter and help you determine what is the best parenting schedule in your circumstance, keeping in mind what is in the child’s best interest.
Property Division/Equalization
Upon the breakdown of a marriage, the law is structured in a way to ensure that each party leaves the marriage on an equal footing; that both parties are entitled to equally share in the accumulation of wealth during the marriage. To determine the division in finances, each party must complete a Financial Statement setting out all assets and liabilities. This exercise will provide the party’s Net Family Property (NFP) value. Once both parties have disclosed their NFP, an equalization payment is determined. This means the party with the higher NFP value will make a payment to the spouse with the lower NFP in order to balance their finances.
Sometimes parties take it upon themselves to decide on how to divide their assets. While this may work in some circumstances, in others, it may result in one party leaving the marriage with substantially less. There are also other situations where you may have a party that has recklessly depleted the family assets. In this circumstance, that party’s conduct may disentitle them from receiving an equal division of net family property.
If you are in a common law relationship, the law about the division of property is very different. Upon separation, common law couple’s are not entitled to an equalization payment and your rights and entitlements may be rooted in other claims such as a constructive trust. If assets and liabilities are jointly owned then each party leaves the relationship with their ownership interest.
The division of property is complex and is very dependent on the nature of your relationship (married vs. common law). Whether you are living common law or married, our firm will ensure that you receive the best legal advice to secure your financial future.
Child Support
Parents must pay child support for their children because it is the right of the child. Even if a parent does not see or live with their child, they must still pay child support to the parent with whom the child primarily resides, since that is the parent incurring all the costs for the child. There are many factors to consider when determining the amount of child support payable such as the parent’s income, the parenting schedule (is it a shared parenting arrangement?) and whether the children are dependants.
In addition to child support, under Section 7 of the Child Support Guidelines, both parents must contribute to the child’s special and extraordinary expenses in proportion to their respective incomes. These expenses are those that are reasonable and necessary for the child such as daycare costs, tutoring, health related expenses (therapy, counselling, glasses, orthodontics), extra curricular activities, if extraordinary, and post secondary education. Determining each parties’ share of these expenses will require that each party disclose their income.
Our firm can ensure that the appropriate amount of child support is paid or received and that each parent contributes to the child’s special and extraordinary expenses in proportion to their income.
Spousal Support
Spousal support is the money paid from one spouse to help meet the financial needs of the other spouse. One spouse may ask the other to pay them spousal support to help alleviate financial difficulty upon the breakdown of the marriage, to assist in becoming financially self-sufficient, or to compensate one spouse for being financially disadvantaged during the relationship. For example, if one spouse was the homemaker and took care of the children while the other spouse worked and advanced their career, the homemaker spouse may be entitled to this type of support.
Our firm can assist you in determining whether you have a claim for spousal support. If you are entitled to spousal support, we can ensure that you receive what is fair and reasonable under your circumstances.
Adoptions
Adoption is the legal process that gives children a permanent relationship with a family when their birth families are unable to care for them or if a step parent wants to acknowledge their partner’s child as their own. Adopting a child can be an exciting, stressful, emotional and overwhelming time so it is important that you contact a lawyer for advice and guidance. Our firm can assist in all aspects of adoptions in Ontario.
Travel Consents
A travel consent allows minors to travel without their parents or legal guardians being present. Even though travel consents are not mandatory, it certainly simplifies travel should an immigration officer or border agent request documentation or information about the travelling child. Our firm can prepare a detailed travel consent to give the travelling parent or legal guardian peace of mind as they travel.
Contact Us
We're located in Aurora and Barrie, but help families all across Ontario. Please reach out, and let us know how we can help you.
Phone
Aurora
16 Industrial Parkway South,
Suite 419
Aurora Ontario
L4G 0R4
Barrie
92 Caplan Ave,
Suite 640
Barrie, Ontario
L4N 9J2