Frequently Asked Questions

Q. What is involved in getting a divorce? Do I have to go to court?

A. Before you can initiate a divorce proceeding in Ontario, you must submit a number of forms and documents to a court, either jointly or individually, to obtain a divorce order. If you are not certain that your various legal rights will be protected, you should consult a lawyer. Mr. Lancaster has extensive experience in this area and can expertly advise you on your rights and assist you in filling out and submitting the proper forms and documents. You normally do not need to appear in court unless one party is contesting the divorce or you cannot agree on a settlement. ( More information from the Ontario Ministry of the Attorney General ).

Q. I have been divorced for just over a year and have custody of my two children. My husband has fallen behind on his support payments. What are my legal options?

A. You should take measures as you may be jeopardizing your family's financial
future. When a payor falls behind in making support payments, they are subject to enforcement action by the Family Responsibility Office (FRO) which is responsible for enforcing court orders for child and spousal support. Mr. Lancaster can expertly advise you on how to proceed in this situation.

Q. How much will all this cost?

A. Although it is difficult to accurately predict the cost of legal proceedings due to many variables involved in negotiations, Mr. Lancaster will attempt to give you some idea of the likely total costs involved at the outset. He will also keep you advised of what legal costs lay ahead on an ongoing basis as the matter proceeds.

Q. How long will this take?

A. Again, because of the many unknown variables, it is difficult to predict time frames. However, one or two years is the usual for most contested matters. Mr. Lancaster is very aware of the stressful nature of family law matters and at all times will try to complete your case as soon as reasonably possible.

Q. Will I have to testify in court?

A. Over 90% of cases settle without anyone having to testify in court and Mr. Lancaster will make every reasonable effort to settle your case without a costly trial. However, Mr. Lancaster in consultation with you, the client, will do what is necessary to resolve your case on a fair basis, including a court hearing, if that is necessary.

Back to Top of Page