Family Lawyers in Hamilton for Divorce & Custody
Need experienced family lawyers in Hamilton? Nanda & Associate Lawyers provides strategic legal help for divorce, child custody, spousal support, and separation agreements. With over 20 years of legal service in Ontario, we deliver quick resolutions with full emotional and legal support.
20+ Years of Family Law Excellence in Ontario
Looking for representation in divorce, property division & equalization, spousal support, or child custody cases—our Hamilton family lawyers got you covered! When it comes to family law matters, our reputation for quality and client-focused service remains unsurpassed. Whether you are dealing with a divorce, separation, property division and equalization, spousal support, child custody, and more, you can always rely on our experienced and knowledgeable family lawyers for the necessary legal support and guidance.
Family law cases require utmost care, compassion, and consideration. At Nanda and Associate Lawyers in Hamilton, our family lawyers have an excellent track record of providing timely and pragmatic legal solutions to help our clients resolve their family disputes for more than twenty years. You can always rely on our experienced lawyers to fight for your rights and financial interests in the family courts. Reach out to our Hamilton legal team for support and guidance today!
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Our Family Law services in Hamilton
How can our Family lawyers Hamilton help you?
Family disputes are often emotionally draining, and the stakes involved are usually high. You might be fighting to keep the custody of your children or for the sole possession of the matrimonial home where you lived for so many years. Or you might be a homemaker who is suddenly forced to fend for yourself after the divorce, fighting for a spousal support amount that is fair and just. It is an undisputed fact that in most of these cases, having the right lawyer by your side will make all the difference. With our family lawyers fighting on your behalf, you get that much closer to obtaining a positive court order in your favour.
Divorce
When a marriage breaks down, the couple will either apply for a joint divorce or one of the spouses will be forced to initiate a contested divorce without the cooperation of their partner. In either case, the services of our experienced divorce lawyers in Hamilton will be crucial in ensuring that the final divorce order will be in your favour. A lawyer can be particularly useful if there is no agreement between the spouses on property division and equalization, child support, child custody, or spousal support. Your lawyer will present your side of the argument in the family court. Reach out to our Hamilton divorce lawyers for support and legal representation in your divorce proceedings.
Child Support and Section 7 Expenses
A divorce falls particularly hard on the children, especially when the couple continues to fight over the custody and financial support of the children even after the divorce. As per family law, the parents are supposed to take care of their children, especially financially, until they turn 18. In some cases, the support might be extended beyond 18 years for higher education or in case of special needs of the children. The court will arrive at the child support based on the earning capacity of the parents and the number of children they are supporting. If you are dealing with a dispute over child support in your divorce, reach out to our divorce lawyers in Hamilton for support and guidance.
Child Custody
Child custody decisions are among the most strongly contested issues in a divorce. In fact, it has become common for divorced couples to approach the courts again and again seeking changes in or enforcement of child custody and support orders. As per family law, the courts are expected to make the final decision in child custody disputes, based solely on the best interests of the child. The disputes and differences between the ex-spouses should not come into the picture. A good rule of thumb here is that you can expect the court to maintain the stability in the current living and educational arrangements of the children. If they are already staying with one parent and going to school there, the court might be compelled to permit this to continue, with the other parent gaining access to the children during the weekends. Consult with our Hamilton family lawyers to figure out the best strategy to obtain a favourable outcome in the child custody case.
Spousal Support
It is common for one spouse to become economically dependent on their partner during the course of their marriage. While one of them focuses on earning money for the family, the other settles down to their role as the homemaker. However, when the marriage breaks down, the law protects the dependent spouse by allowing spousal support for them either on a temporary or permanent basis, depending on the circumstances of the case. A divorce does not automatically qualify the lower-income spouse for spousal support. To check your eligibility for spousal support and to fight for an amount that is just and fair, get in touch with our family lawyers in Hamilton today!
Property Division
In the event of a divorce, as per the family law, the marital property and the wealth accumulated during the marriage will be divided equally between the spouses. This excludes any gifts or inheritances received by either spouse. The matrimonial home is treated differently from all other assets, with both spouses retaining equal possession and ownership rights. The Net Family Property (NFP) is the total value of assets and liabilities held by each spouse during the marriage, arrived at by calculating the difference in their wealth at the time of separation and at the time of their marriage. Under equalization, the spouse with the higher NFP must pay half of the difference amount to the other spouse, thus equalizing their marital wealth. For more information on how property division and equalization will happen in your particular case, connect with our Hamilton family lawyers today!
Awards & Recognition
Talk to our Hamilton Family Lawyers today!
Engaging the services of experienced Hamilton family lawyers early on will work to your advantage in any family dispute. Even in a joint divorce, we can help in drafting the final settlement agreement to make sure that it is legally binding and enforceable. This will prevent any possible misunderstandings or disputes in the future. If you are dealing with a contested divorce, we will provide you with legal representation, fighting for your rights and financial interests in the family court. Reach out to our Hamilton legal team today for a consultation.
Experienced Team
Family law is quite vast in nature! Our lawyers have extensive experience in all aspects of family law, so that you remain in reliable hands.
Proven Track Record
We have a solid reputation for successfully managing complex family cases.
Personalized Approach
Each family matter is different. Be it divorce, separation or child custody, we take the time to understand your specific needs and provide you with a suitable legal solution.
Compassionate Support
Our lawyers have seen all types of cases. This is why we provide empathetic support throughout your family law matter. We always want to help you manage your legal problems easily.
Client-Centered Service
We are committed to exceptional service, this is why you have direct access to your lawyer and receive regular updates on your case.
Top Rated Firm
We are recognized for our excellence in family law with multiple awards. We have been awarded Top Family Lawyers in Brampton from past 8 consecutive years.
Frequently Asked Questions
If you have additional questions or need further assistance, please don’t hesitate to reach out to us at hello@nanda.ca. We’re here to help!
What is a wife entitled to in a divorce in Canada?
In the event of a divorce, the wife is entitled to her fair share of the marital property and spousal support, if needed, and she is also entitled to a fair and reasonable amount of parenting time with the children, if any. However, it is worth pointing out here that each case is different. The court will issue the order taking into account the particular circumstances of the case and various factors, such as the economic situation of the spouses, the duration of the marriage, the role played by each spouse in the marriage, and the financial dependence of one spouse on the other. To get a better understanding of the possible property division and equalization in your case, contact our family lawyers in Hamilton for a consultation.
Who gets the house in a divorce in Ontario?
Family law treats the matrimonial home differently in the event of a divorce. Both spouses will retain equal rights over the matrimonial home, and they may choose to reside there after the divorce. Normally, the divorced spouses will come to some sort of an agreement, with one spouse agreeing to buy out the other’s share or selling the house and splitting the proceeds equally between them. Follow the advice of our family lawyers in Hamilton if you are seeking sole possession of the matrimonial home.
What will I lose if I get divorced?
Under Canadian law, marriage is considered an equal partnership between the spouses. Therefore, the marital property and the wealth accumulated during the period of marriage are divided equally between the spouses. This is called equalization. This means that regardless of the disproportionate economic contribution by one of the spouses during the marriage, both spouses are entitled to an equal share in the marital property. However, this does not apply to any gifts or inheritances received by either of the spouses. Such assets are considered personal property, and they are not subject to property division or equalization. Consult with our Hamilton family lawyers if you need more clarity on how the property will be divided during the divorce.
Is inheritance split in a divorce in Ontario?
As per law, the inheritances and gifts received by either of the spouses are considered personal property and not classified as marital property. This means that legally, the other spouse has no legal right to claim ownership over them. Such properties will not be subject to property division and equalization in a divorce. Feel free to consult with our family lawyers in Hamilton if you need any further clarification on such matters.
How to start a divorce in Ontario?
It is always best to consult our Hamilton family lawyers before you start the proceedings. For example, you need to figure out the correct jurisdiction for filing your application for divorce. If one of the spouses has been residing in Ontario for at least one year, then the application for divorce may be filed at the Ontario Superior Court of Justice through your lawyer. If both spouses are on the same page when it comes to the divorce, then a joint application for divorce may be submitted. The application can be submitted online along with the supporting documents and proof of payment for the court fees.
What happens if one spouse doesn’t want a divorce in Ontario?
Divorce is often initiated by only one of the spouses. While an uncontested or joint divorce will be easier, a contested divorce simply requires the spouse who initiated the divorce to prove the breakdown of the marriage in court. Since there is no agreement between the spouses on any of the issues, such as the grounds for the divorce, property division, spousal support, or the custody of the children, the divorce proceedings might take longer. The breakdown of the marriage under Canadian law requires only one of the following conditions.
- The spouses have been living separately for a period of at least one year.
- There is proof of adultery committed by one of the spouses.
- There is proof of cruelty, which can be physical or psychological in nature, committed by one of the spouses.
If you are planning to initiate the divorce or to contest the divorce initiated by your spouse, get in touch with our experienced family lawyers in Hamilton for assistance.