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Before a spouse can decide upon the process, he should obtain legal advice to determine what his family law rights and obligations are. This is very important because the next... Continue Reading...

Once the issues that need to be settled are identified and each spouse has obtained legal advice, the spouses may negotiate, mediate, litigate or arbitrate the outstanding issues. That is,... Continue Reading...

The spouse who starts the court proceeding is called the petitioner or applicant. That spouse is the one who states what he or she wants the judge to grant and... Continue Reading...

No. A spouse may appear in court without a lawyer. However, it is not recommended. The court process is complex. It is based on rules of procedure, such as the... Continue Reading...

A motion is a court procedure that is used to obtain certain types of orders from a judge. You can bring a motion to ask for an order to resolve... Continue Reading...

Under the Family Law Rules (Ontario), you can bring a motion only after you attend a case conference. However, there are some exceptions to this general rule. A motion can... Continue Reading...

Anyone who is a party to a case or anyone (other than a child) who is affected by the case, can bring a motion. The person who brings the motion... Continue Reading...

In order to bring a motion, you must prepare, serve the other spouse with, and file in court, a notice of motion and sworn affidavit. The moving party must get... Continue Reading...

Before a judge will permit a spouse to change a prior court order or separation agreement, the spouse must prove that there has been a material change in circumstances since... Continue Reading...