Dedicated Divorce Representation for Clients in Oakville
Divorce and separation are inherently emotional and confusing events for couples in Oakville. During these periods, it can be challenging to know what the right decisions are to protect your future.
Nevertheless, critical decisions need to be made about a variety of matters, including finances, child custody and access, property division, and support payments.
These decisions will greatly impact your future and it is important to consider each matter carefully to achieve the best outcome for you and your family.
It helps to know that you have your interests protected with an experienced local divorce lawyer who will respect your preferences and defend your rights.
Amiri Family Law can guide you through the legal steps and seek the best possible outcome so that you can move forward with your life with clarity.
Contact our office to schedule a consultation today.
If you are facing a divorce in Oakville, it is important to understand your rights, responsibilities, and the decisions ahead. Divorce in Canada is governed by the Divorce Act, which generally requires a 12-month separation before filing, unless adultery or cruelty can be proven.
An experienced divorce lawyer can help you determine whether you qualify to file immediately and guide you through the legal requirements. At Amiri Family Law, we focus on protecting your interests and finding the right resolution for your circumstances.
Key areas we handle include:
Parenting plans – Creating fair arrangements for parenting time and decision-making responsibilities.
Property and asset division – Dividing matrimonial property under the Family Law Act.
Child support – Ensuring children receive appropriate financial support.
Spousal support – Determining entitlement and obligations for ongoing financial support.
Nima Amiri represents clients throughout the Greater Toronto Area, providing skilled negotiation of divorce settlements and, when necessary, strong representation in the Superior Court of Justice.
Grounds for Divorce in Oakville
Under Canada’s Divorce Act, the breakdown of a marriage is the only legal ground for divorce. In Oakville, this can be proven in three main ways: separation, adultery, or cruelty.
Separation as Grounds for Divorce
Most couples rely on a one-year separation to establish marriage breakdown. The 12-month period begins once spouses live “separately and apart,” which can occur even under the same roof if each spouse maintains separate lives — eating, sleeping, finances, and social activities apart.
You can file before the year is complete, but a divorce will not be granted until the 12 months have passed. Importantly, separation does not require both spouses to agree — one spouse withdrawing from the marriage is enough to begin the period.
Courts may also look at evidence such as income tax filings marked “separated” or “married” when reviewing the case.
Adultery as Grounds for Divorce
Adultery allows a spouse to apply for divorce without a separation period. However, proving adultery is difficult since courts generally require evidence of both opportunity and intent. Without a direct admission, most evidence is circumstantial.
It is important to note that your own infidelity cannot be used as grounds for divorce. A divorce lawyer can help you determine whether adultery can be established in your situation.
Cruelty as Grounds for Divorce
Cruelty, whether physical, emotional, or psychological, can also justify an immediate divorce. Courts define cruelty as behaviour that causes pain, suffering, or emotional harm so severe that continuing the marriage is intolerable.
This conduct is usually ongoing and may result in serious harm to a spouse’s health. In extreme cases, your lawyer may also apply for a restraining order before divorce proceedings continue.
How can our Oakville Divorce Lawyer Help You?
Every client’s circumstances are unique, and we tailor our approach to each file accordingly. One client may wish to negotiate a separation agreement and file a joint divorce application, while another may require assistance to answer their former spouse’s contested divorce application in court. Regardless of the circumstances, we are ready and prepared to assist you to achieve a fair resolution to your matter.
We will keep an open mind until we understand your situation and your goals. After listening to your objectives, we apply our experience to advise and guide you to the settlement you need in order to move forward with your life.
We generally seek to reach an agreeable settlement initially through a cooperative approach with your spouse’s lawyer. However, if that is not successful, we have the option of mediation or arbitration.
It is best for everyone, especially children, if we can keep the matter out of court. A negotiated settlement is cost-effective, and relatively quick and stress free. However, that is not always possible and we are prepared to litigate on your behalf if it is in your best interests to do so.
As an experienced divorce lawyer, Nima Amiri will prevent delays, additional stress, and the unintended consequences that can result from a poor approach to a divorce case.
Our team will work with you to:
Help you meet all the divorce law requirements in Ontario and follow the correct procedures and deadlines.
Ensure that you are entitled to quality time with your child by protecting your custody rights.
Ensure your child support and/or spousal support determination is fair and reasonable.
Serve your best interests when it comes to the division of matrimonial property.
Prepare and file all the necessary paperwork for your case and zealously represent you at court hearings wherever necessary.
Divorces are rarely as straightforward as first hoped. Even the simplest divorces require multiple documents to be prepared and filed and specific procedural rules to be followed.
Contact Our Oakville Divorce Lawyer For Help Today
If you are separating or divorcing from your spouse in Oakville, you are probably seeking a fair, efficient, and effective resolution of your case.
At Amiri Family Law, we are well-equipped to provide solutions that work for you now and for your future. We regularly represent clients in Oakville and throughout the greater Halton area.
The first step is to evaluate your options with a consultation.
Call 647-792-2961 to book your consultation with a trusted and local divorce lawyer today.
The divorce process in Ontario will vary slightly, depending on whether your divorce proceeds as an uncontested divorce or a contested one.
However, every divorce begins in the same way.
Basic requirements for divorce in Ontario
Before filing for a divorce in Ontario, Canadian federal law states that you need to meet three basic requirements:
You and your spouse must be legally married under Canadian law or your marriage in another country must be recognized in Canada.
Your marriage must have broken down.
In most cases, you or your spouse must have lived in Ontario for a year.
The grounds for marriage breakdown are when:
You have been living apart for 12 months or more; or
Your spouse has been physically or mentally cruel to you; or
Your spouse has committed adultery.
The uncontested divorce process
Once you meet the above requirements, it is important to hire a divorce lawyer.
This applies even in an uncontested divorce where both parties appear to agree on the terms of the divorce and are prepared to sign a separation agreement.
Experience shows us that consulting an experienced lawyer as early as possible in the process avoids expensive mistakes being made and ensures that your best interests are protected from the beginning.
Besides, uncontested divorces can turn into uncontested divorces.
Your divorce lawyer can help you with the following steps of the divorce process:
Serving divorce papers and awaiting a response from the other party (within 30 days)
Finalization of the divorce agreement and court approval
The contested divorce process
The contested divorce process has many extra steps.
Most people want to avoid the extra expense and stress of a divorce trial, but sometimes this is the only available course of action.
In some cases, no agreement can be reached on issues such as:
Division of property, including all assets
Payment of outstanding debts, including the mortgage
Child custody and parenting rights of the non-custodial parent
Child support and Section 7 expenses
Spousal support
Your lawyer will guide you through the following additional steps in the process, including:
Negotiation
Mediation or Arbitration
Applying for Divorce in Court
Scheduling a Case Conference where a judge considers each party’s position on the disputed issues between them and tries to facilitate a negotiated resolution to the issue
Scheduling and arguing motions (temporary rulings) when interim, for instance, child custody or other complex issues, are involved
Scheduling Settlement or Trial Management Conferences
Conducting a trial if you and your spouse are unable to reach a settlement on the disputed issues between you
“The first payment of $212 is due when the application for divorce is filed which includes court fees of $202 and $10 that is collected for the federal Department of Justice. Additional court fees of $420 are paid before the divorce is reviewed by the court.”
There are, of course, other costs associated with a divorce, including lawyer fees.
Where a divorce is complex and an agreement cannot be easily reached, with complications involving spousal support or child custody and access, multiple court hearings may be required, and the case may even go to trial (with witnesses and months of litigation involved).
In such cases, an individual can expect to pay significant legal fees in addition to court fees. This is why the preferred first step in any divorce case is to attempt to negotiate a settlement first before resorting to litigation.
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Our Location
We proudly serve clients in the Greater Toronto Area.
Oakville
300-1100 Burloak Drive
Burlington, ON
L7L 6B2
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Nima is someone highly committed to his clients and shows a strong understanding of the law and litigation. He is someone that I would trust with sending my friends and family to for important legal matters. Highly recommended.
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Nima is one of the brightest and most dedicated individuals I know. He’s a fantastic lawyer and an even better person, and I would recommend his services and advice to anyone who needs a true professional in their corner.
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Nima is the most dedicated lawyer I know. He cares a lot about his clients and is deeply committed to defending their rights, working tirelessly to do so. I haven’t seen anyone who works as hard as Nima and I would wholeheartedly recommend him and the Amiri Law Group to anyone.
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We’re here to help you with any matter related to family law. Call us today at 647-792-2961 to schedule a consultation with a lawyer.
