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Toronto Divorce and Family Lawyers

We Really Care

We know that it is hard to choose the right divorce lawyer.

It will help you to understand who we are as people, lawyers, and a family law firm.

We try to get to know you as a person, your hopes and your fears. The more we know your story, the better we can empathize and help.

We really care about the law.

We want you to understand it and how it applies to your case. This understanding will empower you to make the right choices.

We put your interests first.

We want you to save your money and emotional capital, and we look for ways to do so with the bigger picture in mind. You will be better able to take into account the costs versus the benefits in the legal actions you take.

We tirelessly protect and advance your interests using negotiation, mediation or litigation, and we do so with integrity.

We use our years of experience, our staff and our recommended professionals to provide you peace of mind from the time we start your case until you are ready for the next chapter of your life.

Associations

Areas of Practice

Contested and Uncontested Divorces

During a divorce process, there are several significant decisions that need to be made by both parties. Sometimes a couple can come to an agreement on major issues such as debt and asset division, child support and custody, spousal support, and other matters. This is what is known as an uncontested divorce. Divorce cases are simpler when both parties can easily negotiate an agreement and execute it on their own. However, you’ll still need the help of a divorce lawyer in Toronto in an uncontested divorce.

A contested divorce, on the other hand, happens when both parties cannot agree on the terms of their divorce and the matter needs to be taken to court to help them come to an agreement. For instance, the couple may disagree on whether to get divorced, who has child custody, the terms of spousal support, and other significant matters. Due to these disagreements and incompatibility issues, contested divorces take a lot more time to be finalized. Unlike uncontested divorces, which are usually finalized faster, a contested divorce may require trial, discovery, and other time-consuming legal procedures. Sometimes it’s difficult to come to an agreement with your ex about important matters. We can help you work out a settlement that ultimately resolves the disagreements.

Ontario Divorce Law FAQ

The process of divorce involves many considerations and decisions that affect a family forever. At Frenkel Tobin, we come with extensive experience in helping numerous families navigate the divorce process.

One important consideration for the court before issuing divorce orders is making sure spouses come up with proper reasonable arrangements for the care of the children. This is why your divorce may not be granted before child custody and support matters are settled. We can help you come up with an agreement with your spouse to help speed up the divorce process. The proceedings will likely be adjourned, and the court will not settle the order unless and until reasonable arrangements on how to care for the children are made and the court is satisfied that they will be adhered to.

The time it takes to complete the divorce process will vary from couple to couple depending on their unique circumstances, but on average simple divorce will take from 4 to 6 months in Ontario not including custody, support or property division issues. For instance, if the divorce is on claims of adultery or physical abuse and there’s sufficient evidence to prove this, the divorce may be granted immediately. However, if there is a mandatory one-year separation before the divorce is granted, you’ll have to wait longer. Keep in mind that in the Divorce Act s.12(2) couples must wait another 31 days after the order has been made for divorce to take effect. However, there are special circumstances where this requirement may be waived.

Depending on how simple or complicated your case is it recommended to seek legal advice from a professional divorce lawyer. For simple divorce cases that don’t involve kids or joint property, you may not need a lawyer. However, if you have kids or joint property such as real estate, cars, or business that any of you would like to keep after the divorce, it’s strongly advisable that you hire an experienced divorce lawyer.

Separation agreements in Ontario allow divorcing couple to live in the same house and still be considered separated from his/her spouse if following conditions are met:

  • There must be physical separation
  • There must be withdrawal by one or both spouses from the matrimonial obligation
  • There must be absence of sexual relations

Other factors such as discussion of family problems, communication between the spouses, presence, or absence of the spouse in joint social activities and whether the spouse has filed income tax as ‘separated’ or ‘married’.

The steps leading to divorce vary depending on your situation. If your spouse is putting you through intense abuse (whether physical or emotional) that has made cohabitation intolerable, you may be able to obtain divorce instantly. Keep in mind that proving adultery, physical and emotional abuse, and the impact it has had on you can be difficult as you must provide convincing circumstantial evidence.

On the other hand, if you and your spouse wish to get a divorce due to other reasons such as because you don’t love each other or can’t get along then you have to undergo the mandatory one-year separation. This may not necessarily mean living in separate houses as clearly stipulated in the Divorce Act.

Reviews

  • What a difference an experienced lawyer does make. With David Tobin, It was a legal experience, but it was also therapeutic in some ways because he seemed to know exactly what I was going through and his confidence gave me confidence through the process. Can't thank him enough. It's great to move on.

  • I highly recommend David Frenkel for family law legal matters. He is experienced and understands the needs of his clients.

  • As a fellow lawyer practicing in personal injury and employment law, I have known David for several years and can speak to his integrity, commitment and abilities. I would not hesitate to refer clients to David who require family law legal services as I am confident their legal issues will be professionally handled with the utmost competence.

  • I was going through a stalled divorce and I needed a dynamic lawyer to get everything efficiently on track. David was patient and perceptive and within a few weeks go everything moving in the right direction. I recommend him to anyone who doesn't want a divorce to drag on forever.

  • Me and my ex wife had a dispute over child custody, I was devastated after consulting a 3 other family lawyers in Toronto. Charlotte is amazing, right after the initial consultation I knew I was in good hands. She isn't only a true professional, but also has a kind heart.

  • I was going through a tough divorce and David Tobin made my journey through it much more bearable with his positivity, kindness, and patience. Most importantly, David's legal knowledge and wisdom truly made this process a lot less stressful than it could have been as we received a positive outcome. David's warm nature made him a friend that I could turn to through this trying time. I would highly recommend David as he is the definition of a genuine and reliable lawyer.

  • I would highly recommend David Frenkel. My experience with David was exceptional. David is a strong and dedicated lawyer who protects your interests and truly cares. I went through a difficult separation and custody battle and felt very alone and lost. David took a genuine interest in my case and was very attentive and empathetic. He understood what I was going through, and defended my rights and protected my children's best interests. I felt comforted and safe, and trusted David implicitly and completely. As a result of David's diligence and expertise, I gained sole custody of my children and appropriate child support. Following my settlement, David encouraged me to call if I needed assistance. I emailed David months later for help with damages to my home and he quickly responded. David was genuinely concerned about our well-being. He contacted my property manager right away and arranged for the damages to be repaired. Though I was no longer a client, David continued to be a tireless advocate. I am forever grateful and indebted to David for his kindness and support. I highly recommend David Frenkel to anyone seeking experienced and compassionate legal counsel for their Family Law matters.

  • I would highly highly recommend Mr. Tobin. He did such a great job at explaining us all the complicated parts of our legal agreement. Definitely consider him if you need guidance on legal documents!

  • I had David Tobin as my lawyer during very complex and stressfull situation related to Family law field. I can say only good things about him and his firm ( all people who work there are very kind, compassionate professionals). If you need a Family law expert to help you and your family, do not hesitate and hire him as your lawyer. David also is very delicate and compassionate as a human being. I'm aware and experienced myself that many people in this profession become insensitive and cold . But this is not the case with David and this law firm. All the best to all who reading this.

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