Sometimes all that is needed is a simple divorce. Other times you may wish to have a divorce and deal with other issues such as support, parenting time, or property issues.
Generally, you must be separated from your spouse for one year prior to obtaining a divorce.
We can assist you with either a simple divorce or the other family law issues that often arise when you separate from your spouse.
What can I expect when I call Van Looyen and Fallon?
When you call Van Looyen and Fallon, we will first ask you for the spelling of your name and the full name of the other party or parties in your case. This is so that we can complete a conflict search, to make sure that we can assist you.
We can then book you a consultation either in person at our office or virtually. We will ask you to email us any important documents that you want us to review for your consultation, in advance of our meeting.
How do I resolve my family law matter?
You can start with a consultation with Emily or Patrick. There, we will discuss the issues in your family law matter, describe the family law process and decide how best to proceed.
You may wish to reach an agreement without attending court. If this is the case, we can negotiate and prepare a separation agreement or cohabitation agreement.
If court is needed, we prepare your pleadings and other court documents and advocate on your behalf throughout the court process.
What does the family court process look like?
The family court process may feel overwhelming. We will break the process down for you and work together step by step.
We start by gathering the facts of your case and where necessary, obtaining financial disclosure from you.
From there, we draft your court documents and start the court process. We take care of serving the other party or parties in the case.
You may have several court appearances. The first time that you attend court will typically be called a Case Conference where the parties deal with getting all their documents and financial disclosure organized. It is also a good opportunity to talk about the issues in your case and resolve some of the issues, if possible.
If needed, you can bring a motion to obtain temporary relief after the Case Conference. For example, you might require child support and a parenting schedule to be put in place and bring a motion for this relief.
The next step after the Case Conference or a motion is a Settlement Conference. Here, the parties can benefit from a Judge providing their insight into how the matter should be resolved.
At each step of the litigation we work with the other party to narrow or resolve the issues. Sometimes mediation can help.
Most files settle prior to trial, however, if your case cannot resolve during any of the earlier steps, you will next attend a Trial Management Conference. The Trial Management Conference helps organize your case for trial, including setting out who you choose to have as a witness.
Lastly, sometimes parties require a court to make the decision for them. If this is the case, your matter will go to trial. Rest assured that most family law matters settle before a trial is necessary.
Emily and Patrick have strong trial skills and are experienced trial lawyers.
How do I get a Separation Agreement?
Separation Agreements are a great way to resolve family law matters as they do not require court. Separation Agreements are documents that set out all the terms you and your ex-partner agree upon. This can include issues like parenting time (access), decision making responsibility (custody), child support, spousal support, and property.
Perhaps you wish to see whether a Separation Agreement would be appropriate for your situation. Generally, we start our process of preparing a Separation Agreement the same way we start the litigation process – by gathering the facts, financial disclosure and seeing what issues we can resolve with the other party.
Please reach out to Emily or Patrick should you have other questions regarding agreements.
How do I get an agreement made before my partner and I get married?
You may be living common law with your partner, intend to be married or have married your partner but want an agreement to confirm how issues will be dealt with if you separate. For example, you may wish to have an agreement setting out how certain property will be dealt with if you and your partner separate.
A Cohabitation Agreement or a Marriage Contract may be appropriate for your situation and give you peace of mind should you and your partner separate.
Please reach out to Emily or Patrick should you have questions regarding agreements.
Do you offer in person or virtual appointments?
We offer appointments in person or virtually. Depending on the purpose of the appointment, sometimes, an in-person appointment is best. Most appointments can take place online if this is more convenient for you.
How can I find what Courtroom I am in?
If your court matter is scheduled to occur in the next 1 or 2 days, you can view your matter here to determine what Courtroom you are in: Home - Daily Court Lists (ontariocourtdates.ca)
How can I see how much child support I should be paying/receiving?
The Government of Canada provides a free child support calculator which can be found here: 2017 Child Support Table Look-up (justice.gc.ca). Child support can depend on other factors, like where the children live, or whether they are attending post-secondary education. The above link is a good starting point.
Please reach out to Emily or Patrick should you have other questions regarding child support.
Emily Van Looyen
Emily has practiced family law for the past seven years and routinely attends the Ontario Court of Justice, Superior Court of Justice and Unified Family Courts. Emily handles all manners of family law issues.
Patrick Fallon
Patrick is well experienced in family litigation, having practiced family law for over seven years. Patrick regularly attends the Ontario Court of Justice, Superior Court of Justice and Unified Family Courts. Patrick handles all manners of family law issues.