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TORONTO DIVORCE LAWYER'S TREATISE ON DIVORCE AND COMMON LAW PARTNERS-A MUST READ!

Dec 4, 2007
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For Immediate Access To A Toronto Divorce Lawyer, Call Irving Solnik, Arguably The Best Toronto Divorce Lawyer At The Law Offices of Irving Solnik (416) 222-8509 Until 10PM Daily, Evenings and Weekends

As your Toronto divorce lawyer, we work tirelessly towards quick and fair resolutions. Family law is an area of practice that requires compassion and sensitivity. We know that the breakdown of a family unit is never easy. We aim to reduce the stress of your situation with cost-effective services that focus on negotiations, not courtroom proceedings.

Courtroom proceedings are used only as a final last resort and they can be costly. Divorce court proceedings including a trial can range up to many thousands of dollars.

Divorce Lawyer with a Proven Record of Success

As a Toronto divorce lawyer Irving Solnik has a very specific definition of success. It is not just a suitable settlement. It is a mutually agreeable settlement that minimizes emotional difficulties for all members of a family.

Our seasoned professionals have experience in reaching that kind of successful outcome. They know the law and defend their clients to the fullest, while addressing all issues with compassion and fairness. They seek uncomplicated solutions that best serve the interests of their clients.

Areas of Family Law Practiced By The Law Offices Of Irving Solnik

Our firm is a full service law firm and we practice many areas of law in addition to Divorce. The Family Law Services include the following:

Contested And Simple Uncontested Divorce
Separation Agreements
Annulment
Child Custody
Child Abduction
Access Agreements
Child Support
Spousal Support
Property Disputes and Division
Equalization of Assets
Marriage Agreements-prenuptials
Cohabitation Contracts
Blocks To Divorce
Ways To Block Prevention of Access To Children
Appeals
Case Conferences
Motions
Trials, Motions And Appeals
Trials & Appeals
Children Aid Societies
Common Law Partners
Spousal And Child Abuse
Childrens Lawyer
Hague Convention
All Other Divorce Related Matters

Because divorce and separation are hard on all members of the family, we have entered into relationships with a variety of agencies and professionals in the city and surrounding areas. We can recommend the right type of assistance for anyone who may need counseling or a support group.

Our Commitment to You

We are committed to offering you legal service of the highest quality. The pillars of our service are:

Professionalism - We know this is a stressful time and we will do everything we can to help minimize difficulties.
Information - It is imperative that you be fully informed of your rights and obligations at this time. As your Toronto divorce lawyer, we can answer your questions. We also provide several written resources on our Website.
Putting You First - Your interests are always at the forefront of our work. As a Toronto divorce lawyer, I also ensure that you are in touch with any community resources that may help you through this challenging time.

Seeking Help From Irving Solnik The Best Toronto Divorce Lawyer

With expertise in all aspects of the laws surrounding separation and divorce in Ontario, we can provide you with answers and advice. Based in Toronto, Canada, we serve clients in the city and across the GTA. If you are having difficulty in your family relationships, or other legal problems of any kind and seek legal assistance or advice, call Irving Solnik.

Contact us today at: (416) 222-8509 until 10pm daily including evenings and weekends. Don’t delay because in most legal matters time is usually of the essence.

WHAT YOU NEED TO KNOW IF A DIVORCE IS IN THE OFFING!

Canadian and in particular Toronto divorce lawyers are very aware about the fact that the end of a relationship-marriage and common law partnerships can be stressful to the extreme. Most Toronto divorce and family lawyers are skilled and trained primarily experience to cope with financial crises, raw emotions, custody issues, child abduction and a host of other related family law issues.

Most Toronto divorce lawyers are skilled in the arts of mediation and negotiation so that adversarial situations that are commonplace can be avoided when possible.

A divorce lawyer in Toronto can draft and prepare pre-nuptial and separation agreements in addition to representing clients in divorce, custody, access, maintenance, guardianship, alimony, equalization and a host of issues. The grounds for divorce in Ontario are breakdowns of marriage for numerous reasons, separations of at least one year or adultery.

Divorce falls under the authority of the federal government in Ontario and divorce lawyers in Toronto are usually well versed in the Divorce Act, which is a federal statute. When individuals are ready to begin divorce proceedings their divorce lawyer will file a Petition for Divorce.

The person who has retained a divorce lawyer to ask for a divorce is called the Petitioner. The person being divorced is called the Respondent and he/she will also need to retain a lawyer. All in such situations are advised to contact a divorce lawyers for issues concerning children, assets, businesses, financial needs and other issues such as support payments for the spouse and/or children. Not to use a lawyer in divorce and related proceedings is fraught with risk.

Lawyers will advise that the grounds for divorce are those set out above.

Breakdown of a marriage may occur in several ways. The spouses have lived apart for at least one year before the divorce is completed and were living apart at the time that the divorce petition was filed. Living apart may mean several things and your lawyer will advise you precisely what they are. Adultery, physical or mental cruelty usually makes it impossible for a couple to live together. If there is adultery, physical or mental cruelty the lawyer may file an application for divorce immediately.

Lawyers with experience in divorce and family law are sensitive to the fact that divorce is invariably most traumatic for children, if any. Lawyers are often involved in protracted and ugly custody battles. Custody is a legal term that is used for the care and control of a child or children. Grandparents, step-parents and common law parents may retain lawyers to apply for the custody of children, with varying degrees of success.

There are no fixed hourly fees for divorce lawyers-the fees usually depend on the experience and knowledge. Lawyers with extensive and successful experience and knowledge invariably charge higher fees than other lawyers with less experience. Fees may range from perhaps $200.00 hourly to $750.00 hourly or more and all involved in divorce usually obtain the quality of service and experience they pay for.

Seeking bargain rates are also fraught with risk and can end up costing more than lawyers who charge higher fees. When hiring a lawyer who practices family law, potential clients must feel comfortable and confident with the lawyer they retain.

There are individuals who choose to handle their divorces and again a caveat-beware of bargain or do it yourself kits.

Unfortunately those involved in divorces are often in jeopardy and divorces usually are very acrimonious and can be very costly in a variety of ways that lawyers will point out.

Divorce applications are heard in federally appointed courts and not in Toronto family courts although the courts for divorce are located in a number of areas of Toronto. Lawyers will advise clients they must file a divorce petition with the Clerk of the Court.

It is usually best that the Petition for Divorce is served by a professional process server and not by one of the parties to the divorces so that the served party receives a copy personally. In certain cases a court order must be obtained allowing service to be made in other ways.

If you have not seen your spouse for a period of time, contact a lawyer. The petition and other documents will be filed with the Court house and your lawyer may make an application to a judge for directions about what to do next. Your affidavit will prove that you tried to find and have your spouse properly. Lawyers may wait for a short period pf time before acting, as a precaution.

If you are married, on a breakup of your relationship there is a presumption that each spouse in entitled to half of the matrimonial assets.

Not all assets owned by the spouses, however, are matrimonial assets. Assets not used in the marriage may be excluded from the division of property and your lawyer will explain this to you.

Matrimonial assets, especially the matrimonial home are divided equally between the spouses. However the judge has the power to award an unequal division of assets in certain circumstances.

Your lawyer will advise that the assets may be divided unequally in order to promote the self-sufficiency of one of the spouses, or an unequal division favoring the spouse that brought the asset to the marriage. Your lawyer can give valid legal advice on how best to achieve the division of property he/she believes fair and proper following the breakup of a marriage.

The Divorce Act only applies to legally married persons. It does not apply to common-law couples. Lawyers want you to be aware that it does not matter how long a couple has lived together in a common-law relationship they do not qualify under the Divorce Act.

If you are a legally married couple or a in a common law partnership seeking a remedy for a failed marriage or common law relationship contact a divorce lawyer. Or call me at (416) 222-8509 until 10 pm including evenings and weekends.

HOW TO OVERCOME, WITH A VIEW TO SETTLE, PROBLEMS THAT OFTEN COME WITH DIVORCE!

They are not easy to overcome, yet they are the reason that many divorce cases become so acrimonious and difficult to resolve.

Our preferred method for dealing with a lot of these roadblocks is to get a neutral experienced third party involved who can deal with the roadblock. In an amicable case, this can be a mediator, preferably one with great credentials. Otherwise, this person normally is a judge. Although I like to try to keep cases out of court if possible, if there is a serious roadblock to settling your case, you’ll need to go to court, so for today I’ll just assume your case is a litigated one and the neutral third party is a judge.

One feature of the family court system which I support strongly, is early judicial intervention in a non-adversarial setting, the case conference.

Handled appropriately, the case conference can remove a lot of the obstacles I discussed and allow the parties or their lawyers to work towards a resolution of their case.

Here’s how a judge can help, particularly at a case or settlement conference:

1. The other divorce lawyer. An inexperienced lawyer may not be reasonable simply because they don’t know what a local judge will decide. However, a judge at a case or settlement conference can give an opinion as to what the judge would decide at trial. Overly aggressive lawyers can be roadblocks. Family law judges really encourage reasonableness and aggressiveness often backfires in court. As well, an early victory at a motion can help in the case of an overly aggressive lawyer retained by the other party to the divorce.

2. Unreasonable clients. Although many clients don’t listen to their lawyers, generally clients listen to judges. An early case conference can allow a judge to give an opinion as to the strengths and weaknesses of each spouse’s case. If someone hears something from both their lawyer and a judge, normally they will-often begrudgingly, go along with it.

3. Child custody disputes. Getting the Children’s Lawyer or a child custody assessor involved can be of great help both in terms of resolving the case, and in helping each party to see their strengths and weaknesses as a parent.

4. Delay. Getting the matter in front of a judge as early as possible and getting orders as to a time line will help with this.

5. Revenge. A judge can show a vindictive spouse the financial consequences and the consequences on the children of pursuing a path of revenge.

6. Legally aided spouse . An ongoing problem with legally aided spouses is that you negotiate an agreement and then at the last moment, the agreement is not signed. Having the negotiations occur in a formal setting in front of a judge can result in a court order instead. Also, moving these sorts of cases through the legal system as quickly as possible seems to work well in minimizing wasted legal fees.

7. Spouse not working. Your time in front of a judge is going to be limited - you’re lucky to get an entire hour. So, the judge will just want to deal with the big issues and if the spouse who is not working has come up with a lot of trivial issues that do not need to be resolved, the judge will normally be blunt and point that out.

8. Interference from family. At a case conference or settlement conference, you can ask the judge to exclude everyone from the court room other than the parties and their lawyers. This will allow you to get the interfering family member or friend out of the decision making process.

Obviously what I wrote is not a magic bullet - if such a thing exists all divorce cases would be completed in weeks rather than in months. However, judicial intervention in a non-adversarial setting through conferences can make a difference in many cases.

THE RIGHTS AND RESPONSIBILTIES OF UNWED FATHERS!

What are the rights and responsibilities an unwed father in with respect to his unborn children when he is no longer in a relationship with the mother.

Child Support

Once a child is born, the father has an obligation to pay child support. The amount of child support is the same regardless of whether the parties were married or not or whether the child was expected or not or whether there was any fraud or deception.

Jenny asks whether a man may be required to pay child support before the child is born to cover prenatal expenses. The answer is yes: section 34(1)(h) of ’s Family Law Act permits a court to order “payment of expenses in respect of a child’s prenatal care and birth”.

Spousal Support-Married and Common Law Partners

In Ontario, unmarried couples don’t have the right to spousal support unless they fall under the definition of “spouse.” This means they must have lived together for three years or have been living in a relationship of some permanence and be the parents of a child. In other provinces the time limit is different than the three years.

The judge found that this was a marriage-like relationship and so the father fell within the definition of “spouse” under the Family Law Act.

Right to Know About the Child

Jenny states quite correctly that if the mother doesn’t let the father know about the pregnancy, then the father doesn’t really have any parenting rights. There is no law to compel a mother to inform the father about a pregnancy.

Adoption

Jenny asks: “If the woman chooses to give the child up for adoption does the man not have a say - does he not have to sign away his parental rights at the same time?”

If the man doesn’t know about the child, obviously there’s not much he can do to prevent the adoption. However, if the mother wants to give the child up for adoption and the father wants custody, the father would have a good chance of getting custody.

Abortion

A man can’t force the mother of this child to have an abortion.

Miscellaneous

There have been some suits for fraud and other creative torts in cases with facts along the line of the “Roe v. Wade for men” case. Damages claimed usually include the total amount of child support the father would be estimated to pay over the course of the child growing up. The lawyer retained will provide the details.

Conclusion

Avoid having sex is optimum but totally unrealistic and undesirable. But you should be aware that if a pregnancy occurs, your legal obligations are pretty close to what they’d be if you were married.

WHAT TO DO AND HOW TO ACT WHEN YOU ARE QUESTIONED UNDER OATH –THE EXAMINATION FOR DISCOVERY !

In what was previously known as an examination for discovery is also called questioning.

Tips how to succeed at your questioning:

1. Give Precise Answers. If you’re asked how much you earned last year, give a dollar figure. Don’t explain why it was higher or lower than usual, or that it included a bonus. If someone is holding a pen and you’re asked “Do you know what this is?” the correct answer is “yes” not “a pen.”

2. Tell the Truth. Don’t try to outsmart your spouse’s lawyer. Not that your spouse’s lawyer is smarter than you, but they’ve been through this a lot more than you have.

3. Prepare in Advance. Ideally you’d review every document that has been produced in your case. At a minimum, you should be familiar with your financial statement and all the pleadings. Take the time to have your lawyer do a mock questioning of you.

4. Anything You Say Can and Will Be Used Against You . Remember that your questioning can only be used by your spouse’s lawyer to help your spouse’s case. Your lawyer can’t use your questioning to help you. So, don’t worry about trying to argue your case. Just answer the questions you’re asked.

5. “I Don’t Remember” is a Dangerous Answer. Think long and hard before you answer a question with “I don’t remember” (or even “I don’t know”). The problem is that you can be sure your spouse will have a vivid memory of everything you forget. Even if what your spouse says is completely made up, you’ll have a hard time convincing a judge otherwise, because you’ve already sworn that you don’t remember.

6. You’re Not Stupid. Often a lawyer will use unfamiliar terms, sometimes purposefully to confuse you, but oftentimes simply out of habit. If you don’t understand what you’ve been asked, get it clarified. No one will think less of you if you do this, and you may be saving yourself from answering the wrong question.

7. Your Lawyer Can Only Help So Much . Your lawyer’s role is mainly to ensure that you’re not asked inappropriate questions. So, there may be large periods of time when your lawyer seems to do is sit there, listen and do nothing.

8. Don’t Answer Until the Question is Asked. In normal speech, we often start talking once we know what the other person is going to say. At questioning this is a problem, as a reporter will need to write down what two people are saying at once. It’s a good idea to speak loudly and clearly as well so that the reporter correctly records what you say.

Will you still be stressed even if you do all the above? Yes, and you probably won’t sleep well the night before, and after your questioning you’ll probably think of all sorts of better answers you could have given. That’s normal and happens to everyone.

But if you keep these tips in mind, your questioning will go a lot more smoothly.

DISCLOSURES REQUIRED BY NEWLY WEDS OR LIVING COMMON LAW!

One area of family law in which there tends to be a lot of misunderstanding is the effect of new partners on a person’s child support and spousal support obligations. That is, if you start living with someone else, will that affect how much child or spousal support you must pay? Today, I’ll just deal with one small part of that, namely what sort of disclosure must you give about your new partner’s income?

Cynically, I suppose the answer is nothing. You can just claim that you don’t know what your new partner’s financial situation is. In that case however, you’re risking two things.

First, if your new partner’s financial situation remains undisclosed, then a judge is likely to make a negative inference about this. For instance, if you are claiming undue hardship, the judge may assume that there is no undue hardship because of your new partner’s income.

Second, you risk dragging your new partner into the legal proceedings. Your ex may be more than happy to serve motion materials on your new partner asking for this financial disclosure directly.

So what should you disclose? It really depends on what your case is about. But at a bare minimum, you’ll normally be required to produce information about your new partner’s place of employment, earnings and contribution to household expenses. This is what is required by the family law rules in cases where support is in issue.

As support for these figures, your new partner may be required to produce complete income tax returns and notices of assessment for the last 3 years.

There have been a few cases where more detailed financial disclosure has been required of new partners, and even cases where a new partner has been cross-examined under oath regarding their financial situation. However, these are generally more complex cases and you’ll need to consult with a lawyer about further financial disclosure.

The general rule in family law is that almost anything that’s relevant needs to be disclosed - and judges tend to interpret disclosure requirements quite broadly. Of course if your ex is just on a fishing expedition, you’ll want to defend against that vigorously.

THE QUALITY OF EVIDENCE IN DIVORCE CASES!

In family law cases, decisions depend greatly upon the quality of the information and evidence before the court. Often the law is simple - for instance, for anything relating to children, the test is what is in their best interests. Or, the law is vague - for instance, for spousal support the court considers:

Your assets and your spouse’s assets
Your income and your spouse’s income
Your age and your spouse’s age
Your health and your spouse’s health
The standard of living when you lived with your spouse
The ability of your spouse to become self-sufficient
The contribution your spouse has made to your career
The economic hardship suffered by your spouse arising from the marriage

If that’s not vague, try and figure out how much spousal support you need to pay based on that!

NON RECURRING INCOME!

Most people involved in a family law case in know that the amount of spousal support or child support that must be paid is based on income. However, income for family law purposes is not the same as income for income tax purposes.

The question that often arises is what is income for family law purposes. Often people receive income in a year that they don’t normally receive - this is known as non-recurring income. Should this be considered as income for purposes of calculating child support or spousal support?

The answer is, as always, it depends on the facts of your case. The Child Support Guidelines give judges discretion to decide whether to include or exclude one-off payments in income. However, over time, certain patterns emerge in judges’ decisions. While they are not “rules” they can provide guidance as to your particular case.

There is a bias in the courts towards including non-recurring income in income for child support and spousal support purposes. The philosophy behind this is that if you can pay more support, you should be required to do so, as this is what’s best for the children. There’s also another guiding principle in the courts, which is that a child’s standard of living should be about the same at each parent’s household.

Some of the most common types of non-recurring income that courts deal with are:

1. RRSP Redemption. Even though RRSP redemptions are included in your income for tax purposes, a one-off RRSP redemption normally would not be considered part of your income for child support or spousal support purposes. However, if you had a pattern of cashing in a certain amount of RRSPs each year, the results might be different.

2. Stock Options. The law about including stock options in income is less clear. If you exercise stock options on a regular basis, the chances are that they will be included in your income. However, if you exercise stock options only once, and this is not part of your normal pattern of income, there are leading cases that say this should be included in income and also that say this should not be included in income. If you have a significant amount of one-off income from stock options, get a good family law lawyer and be prepared to roll the dice.

3. Severance Packages. These are normally included in income for support purposes, even if you find a job right away and so have an unusually high income in the year the severance package was paid.

4. Personal Injury Awards. Generally, if the damages you receive in a personal injury award are for pain and suffering, this does not need to be included in your income for purposes of calculating support. If the damages you receive are for loss of income, these generally do get included in income for support purposes. If you’re negotiating an out of court settlement of your personal injury suit, you can guess how you want the settlement to read.

5. Capital Gains. The treatment of this type of income is all over the map, but generally one-off capital gains are considered income for purposes of calculating support. On the other hand, generally one-off capital losses are not used to reduce income for purposes of calculating support.

The most usual case where capital gains will not be included in income is where the gains are immediately re-invested. For instance, if you sell a business, and re-invest the proceeds into a new business, then generally the capital gains from the sale of your business won’t be considered as part of your income for purposes of calculating child support and spousal support.

Separation Agreement

Legal Separation Agreements don't have to cost a fortune! My fees for separation agreements range from $2000.00 up depending on the depth and considerations of the relationships.

Legal Separation Agreement.

What You Need, Not What You Don't

What do you need in your separation agreement?

Provisions for parenting of your children?
Provisions for child support or spousal support? A division of property?

Don't Play the Waiting Game. There's Too Much To Lose

Because of the high costs, people who are ready to separate often delay any action…and THAT can be disastrous. The longer you wait before you have a separation agreement, the more likely it is that one spouse will change his or her mind about something that's been agreed upon.

For your separation agreement to serve you, it needs to be crafted FOR you. It needs to reflect your unique circumstances and your unique needs. You can't do that yourself, and no book with photocopies of separation agreements can either.

That's where a divorce lawyers come in. They use their experience and knowledge to help you create a legal document that is custom-tailored to your situation.

For their fee, we will provide comprehensive legal advice. We explain the agreement to clients, discuss client's legal rights and ensure that clients have carefully considered all the important legal issues. Then we will revise the agreement as much as clients require.

Experience that there are many people out who have "done their homework": researched the law, reached an agreement with their spouses and know exactly what they want in their separation agreement. The only thing that's standing in their way is putting their words into appropriate and acceptable legal terms. We help them prepare their documents in a time-efficient and cost-efficient way.

Common Law Separation:

The latest Canadian census shows that common law relationships are the fastest growing family structure. More and more people are "shacking up" as unmarried couples.

Yet, the rights of people living together outside of marriage are unknown or misunderstood - even by those who live in common law relationships. Many people assume -- quite incorrectly -- that people in these relationships have the same rights as married couples.

About to start living with someone?

This article is limited to separation and family law issues that are specific to common law relationships. A lot of separation and family law issues are the same regardless of whether you're married or not. For these issues please contact us. A quick summary of the similarities and differences between married and unmarried couples is as follows:

Married-Common law

Equalization payment upon separation yes no, but may be claim for unjust enrichment
Possession of the matrimonial home upon separation yes no
Special treatment of matrimonial home in dividing property yes no
Spousal support yes, yes, if lived together for 3 years or are in a relationship of some permanence and have children.
Order restraining depletion of property yes no, but can use Rules of Civil Procedure for similar sorts of orders
Child support yes, yes
Child custody yes, yes
Succession rights if partner dies intestate yes no, but may be claim for unjust enrichment
Dependant's relief on death of partner yes, yes
Equalization payment on death yes no, but may be claim for unjust enrichment
Possession of matrimonial home on death yes no, but may be able to claim as an incident of support
Property Division for Common Law Separation in
Unjust Enrichment - how property is divided in common law separation in .
Defenses to a claim for unjust enrichment

Issues to consider in unjust enrichment.

Remedies - what will a court do if it finds that there has been an unjust enrichment.

Resulting trusts: your other option.

Recommended:

Get legal help for your common law separation:

1. Obtain a cohabitation agreement to protect yourself.

2. If your relationship is over, resolve matters with a separation agreement.

WHAT YOU NEED TO KNOW IF A DIVORCE IS IN THE OFFING!

Canadian and in particular Toronto divorce lawyers are very aware about the fact that the end of a relationship-marriage and common law partnerships can be stressful to the extreme.

Most Toronto divorce and family lawyers are skilled and trained primarily experience to cope with financial crises, raw emotions, custody issues, child abduction and a host of other related family law issues.

Most Toronto divorce lawyers are skilled in the arts of mediation and negotiation so that adversarial situations that are commonplace can be avoided when possible. A divorce lawyer in Toronto can draft and prepare pre-nuptial and separation agreements in addition to representing clients in divorce, custody, access, maintenance, guardianship, alimony, equalization and a host of issues. The grounds for divorce in Ontario are breakdowns of marriage for numerous reasons, separations of at least one year or adultery.

Lawyers will advise that the grounds for divorce are those set out above. Breakdown of a marriage may occur in several ways. The spouses have lived apart for at least one year before the divorce is completed and were living apart at the time that the divorce petition was filed. Living apart may mean several things and your lawyer will advise you precisely what they are. Adultery, physical or mental cruelty usually makes it impossible for a couple to live together. If there is adultery, physical or mental cruelty the lawyer may file an application for divorce immediately.

Fees may range from perhaps $200.00 hourly to $750.00 hourly or more and all involved in divorce usually obtain the quality of service and experience they pay for.

There are individuals who choose to handle their divorces and again a caveat-beware of bargain or do it yourself kits.

Unfortunately those involved in divorces are often in jeopardy and divorces usually are very acrimonious and can be very costly in a variety of ways that lawyers will point out.

It is usually best that the Petition for Divorce be served by a professional process server and not by one of the parties to the divorces so that the served party receives a copy personally. In certain cases a court order must be obtained allowing service to be made in other ways.

If you are married, on a breakup of your relationship there is a presumption that each spouse in entitled to half of the matrimonial assets. Not all assets owned by the spouses, however, are matrimonial assets. Assets not used in the marriage may be excluded from the division of property and your lawyer will explain this to you.

Matrimonial assets, especially the matrimonial home are divided equally between the spouses. However the judge has the power to award an unequal division of assets in certain circumstances.

We will advise you that the assets may be divided unequally in order to promote the self-sufficiency of one of the spouses, or an unequal division favoring the spouse that brought the asset to the marriage. Further we can give valid legal advice on how best to achieve the division of property he/she believes fair and proper following the breakup of a marriage.

HOW TO OVERCOME, WITH A VIEW TO SETTLE, PROBLEMS THAT OFTEN COME WITH DIVORCE!

They are not easy to overcome, yet they are the reason that many divorce cases become so acrimonious and difficult to resolve.

Our preferred method for dealing with such roadblocks is to get a neutral experienced third party involved who can deal with the roadblock. In an amicable case, this can be a mediator, preferably one with great credentials. Otherwise, this person normally is a judge.

Although try to keep cases out of court if possible, if there is a serious roadblock to settling your case you will need to go to court and we will assume for example, that your case is a litigated one and the neutral third party is a judge.

One feature of the family court system is early judicial intervention in a non-adversarial setting, the case conference. Handled appropriately, the case conference can remove many of the obstacles I discussed and allow the parties or their lawyers to work towards a resolution of their case.

There are no miracles and if there were divorce cases would be completed in weeks rather than in months. However, judicial intervention in a non-adversarial setting through conferences can make a difference in many cases.

Unfortunately divorce and especially custody cases seem to bring out the worst in people and such behavior invariably can result in threats and even violence. Such is abhorrent and especially so when there are children. The suffering and trauma children suffer can be horrific and adversely affect them for many years if not all their lives.

THE RIGHTS AND RESPONSIBILTIES OF UNWED FATHERS!

What are the rights and responsibilities an unwed father in with respect to his unborn children when he is no longer in a relationship with the mother.

Child Support

Spousal Support-Married and Common Law Partners

In Ontario, unmarried couples don’t have the right to spousal support unless they fall under the definition of “spouse.”

This means they must have lived together for three years or have been living in a relationship of some permanence and be the parents of a child. In other provinces the time limit is different than the three years.

However, in one case in Ontario, where a couple had only been dating 9 months - they lived separately and only slept together on weekends - an appellate judge ordered spousal support be paid to cover half of the prenatal costs the mother incurred. The judge found that this was a marriage-like relationship and so the father fell within the definition of “spouse” under the Family Law Act.

Right to Know About the Child

Adoption

Jenny asks: “If the woman chooses to give the child up for adoption does the man not have a say - does he not have to sign away his parental rights at the same time?”

Abortion

A man can’t force the mother of this child to have an abortion.

Miscellaneous

There have been some suits for fraud and other creative torts in cases with facts along the line of the “Roe v. Wade for men” case.

Damages claimed usually include the total amount of child support the father would be estimated to pay over the course of the child growing up. The lawyer retained will provide the details.

Conclusion

WHAT TO DO AND HOW TO ACT WHEN YOU ARE QUESTIONED UNDER OATH –THE EXAMINATION FOR DISCOVERY !

In what was previously known as an examination for discovery is also called questioning.

Tips how to succeed at your questioning:

2. Tell the Truth. Don’t try to outsmart your spouse’s lawyer. Not that your spouse’s lawyer is smarter than you, but they’ve been through this a lot more than you have.

3. Prepare in Advance. Ideally you’d review every document that has been produced in your case.

At a minimum, you should be familiar with your financial statement and all the pleadings. Take the time to have your lawyer do a mock questioning of you.

4. Anything You Say Can and Will Be Used Against You. Remember that your questioning can only be used by your spouse’s lawyer to help your spouse’s case. Your lawyer can’t use your questioning to help you. So, don’t worry about trying to argue your case. Just answer the questions you’re asked.

5. “I Don’t Remember” is a Dangerous Answer. Think long and hard before you answer a question with “I don’t remember” (or even “I don’t know”).

The problem is that you can be sure your spouse will have a vivid memory of everything you forget. Even if what your spouse says is completely made up, you’ll have a hard time convincing a judge otherwise, because you’ve already sworn that you don’t remember.

7. Your Lawyer Can Only Help So Much. Your lawyer’s role is mainly to ensure that you’re not asked inappropriate questions. So, there may be large periods of time when your lawyer seems to do nothing but sit there and listen.

DISCLOSURES REQUIRED BY NEWLY WEDS OR LIVING COMMON LAW!

One area of family law in which there tends to be a lot of misunderstanding is the effect of new partners on a person’s child support and spousal support obligations. That is, if you start living with someone else, will that affect how much child or spousal support you must pay? Today, we will deal with one small part of that, namely what sort of disclosure must you give about your new partner’s income?

Cynically, I suppose the answer is nothing. You can just claim that you don’t know what your new partner’s financial situation is. In that case however, you’re risking two things.

Second, you risk dragging your new partner into the legal proceedings. Your ex may be more than happy to serve motion materials on your new partner asking for this financial disclosure directly.

As support for these figures, your new partner may be required to produce complete income tax returns and notices of assessment for the last 3 years.

There have been a few cases where more detailed financial disclosure has been required of new partners and even cases where a new partner has been cross-examined under oath regarding their financial situation. However, these are generally more complex cases and you’ll need to consult with a lawyer about further financial disclosure.

NON RECURRING INCOME!

Common Law Separation:

The latest Canadian census shows that common law relationships are the fastest growing family structure. More and more people are "shacking up" as unmarried couples.

About to start living with someone?

This article is limited to separation and family law issues that are specific to common law relationships. A lot of separation and family law issues are the same regardless of whether you're married or not. For these issues, please visit my main family law website. A quick summary of the similarities and differences between married and unmarried couples is as follows:

Married-Common law

Equalization payment upon separation yes no, but may be claim for unjust enrichment

Possession of the matrimonial home upon separation yes no

Special treatment of matrimonial home in dividing property yes no

Spousal support yes, yes, if lived together for 3 years or are in a relationship of some permanence and have children.

Order restraining depletion of property yes no, but can use Rules of Civil Procedure for similar sorts of orders

Child support yes, yes

Child custody yes, yes

Succession rights if partner dies intestate yes no, but may be claim for unjust enrichment

Dependant's relief on death of partner yes, yes

Equalization payment on death yes no, but may be claim for unjust enrichment

Possession of matrimonial home on death yes no, but may be able to claim as an incident of support

Property Division for Common Law Separation in

Unjust Enrichment - how property is divided in common law separation in .

Defenses to a claim for unjust enrichment

Recommended:

Get legal help for your common law separation:

1. Obtain a cohabitation agreement to protect yourself.

2 If your relationship is over, resolve matters with a separation agreement.

GET ANSWERS TO VITAL QUESTIONS ABOUT DIVORCE AND SEPARATION!

Jenny Smith wants others to learn from the mistakes she made when she got divorced. And there were plenty, not the least of which was allowing the divorce to drag on for eight years.

"I knew there were important lessons to be learned and I wanted to share them with other people," says Jenny, a 43 year-old mother of two who began her divorce eight years ago and now she also tries to help others benefit from her experience.

There are answers to questions if you thinking of or starting a divorce. Answers to questions you never thought to ask, are too embarrassed to ask or never knew whom to ask.

My husband and I don't love each other anymore, even though we don't fight. Should we stay together for the kids?

"You have to do your own soul searching," says Jenny, who urges people to have at least a few sessions with a marriage therapist before calling it quits. "If you realize you just can't make it work, at least you know you tried everything you could to save your marriage."

Jenny points out that studies show children who grow up in intact families usually are better off in life than children of divorce. On the other hand, the majority of children adapt to divorce reasonably well.

Some two years after divorce perhaps about 70 per cent of kids are almost indistinguishable emotionally and in their behavior from kids whose parents aren't divorced.

The other thirty per cent are at risk for poor academic achievement, drug and alcohol abuse, and depression. How well your child accepts the divorce depends on how you handle it. "War between you and your ex is the main factor in kids not adapting," she says.

If your child is having a difficult time accepting the divorce, a therapist can help. "Children don't always share their feelings around divorce and may need a neutral, third party to talk to and help them cope."

Don't my kids deserve to know the truth -- that my husband cheated on me?

No, they don't. "It will only confuse the children, may destroy their relationship with the other parent and could have a monumental impact emotionally," says Jenny. Although you may be feeling victimized, remember your job is to look after your kids, not the other way around.

"You have to put your own emotions on the shelf to help your children with theirs," says Jenny.

How do I find the right divorce lawyer for my case?

Do not just pick the first lawyer you find in the Yellow Pages and do not hire your cousin the tax specialist.

Jenny advises you build a list of lawyers who specialize in family law, also called matrimonial lawyers. Ask divorced friends and their former spouses for their opinions on who had the better lawyer, and get his or her name. Narrow down your list to three and have consultations with each of them.

"You need to see if you can have a good-working rapport with this person," she say. "You are in this for the long haul and you need to be able to trust the lawyer you choose."

Jenny states that the many non combative ways to dissolve your marriage, including do-it-yourself divorces, mediation by an impartial third party, arbitration in front of a retired judge or senior lawyer, and collaborative law, in which lawyers work together toward settlement may have some merit.

"Most lawyers know what the financial outcomes of most divorce cases will be, and that this outcome will be roughly the same no matter what form of resolution is used," says Jenny. "The emotional impact of each process, though, is significantly different."

“Emotions, too, are factors in helping it all happen faster (although couples are required to live separately and apart for one year before getting divorced -- they can live in the same house but not share the same bed). The quickest divorces are those in which both parties are able to work out child custody and financial support issues amicably.

WHAT YOU NEED TO KNOW IF A DIVORCE IS IN THE OFFING!”

Divorce lawyers are very aware about the fact that the end of a relationship-marriage and common law partnerships can be stressful to the extreme.

Most divorce lawyers are also skilled in the arts of mediation and negotiation so that adversarial situations that are commonplace can be avoided when possible.

The person who has retained a divorce lawyer to ask for a divorce is called the Petitioner. The person being divorced is called the Respondent and he/she will also need to retain a lawyer.

All in such situations are advised to contact a divorce lawyers for issues concerning children, assets, businesses, financial needs and other issues such as support payments for the spouse and/or children. Not to use a lawyer in divorce and related proceedings is fraught with risk.

Living apart may mean several things and your lawyer will advise you precisely what they are.

Adultery, physical or mental cruelty usually makes it impossible for a couple to live together. If there is adultery, physical or mental cruelty the lawyer may file an application for divorce immediately.

Custody is a legal term that is used for the care and control of a child or children. Grandparents, step-parents and common law parents may retain lawyers to apply for the custody of children, with varying degrees of success.

There are individuals who choose to handle their divorces and again a caveat-beware of bargain or do it yourself kits.

Unfortunately those involved in divorces are often in jeopardy and divorces usually are very acrimonious and can be very costly in a variety of ways that lawyers will point out.

Your affidavit will prove that you tried to find and have your spouse properly. Lawyers may wait for a short period pf time before acting, as a precaution.

If you are married, on a breakup of your relationship there is a presumption that each spouse in entitled to half of the matrimonial assets.

Not all assets owned by the spouses, however, are matrimonial assets. Assets not used in the marriage may be excluded from the division of property and your lawyer will explain this to you.

Matrimonial assets, especially the matrimonial home are divided equally between the spouses. However the judge has the power to award an unequal division of assets in certain circumstances.

The Divorce Act only applies to legally married persons. It does not apply to common-law couples.

Lawyers want you to be aware that it does not matter how long a couple has lived together in a common-law relationship they do not qualify under the Divorce Act.

THE QUALITY OF EVIDENCE IN DIVORCE CASES!

In family law cases, decisions depend greatly upon the quality of the information and evidence before the court.

Often the law is simple - for instance, for anything relating to children, the test is what is in their best interests. Or, the law is vague - for instance, for spousal support the court considers:

Your assets and your spouse’s assets
Your income and your spouse’s income
Your age and your spouse’s age
Your health and your spouse’s health
The standard of living when you lived with your spouse
The ability of your spouse to become self-sufficient
The contribution your spouse has made to your career
The economic hardship suffered by your spouse arising from the marriage

Common Law Separation:

The latest Canadian census shows that common law relationships are the fastest growing family structure. More and more people are "shacking up" as unmarried couples.

Yet, the rights of people living together outside of marriage are unknown or misunderstood - even by those who live in common law relationships.

Get legal help for your common law separation:

1. Obtain a cohabitation agreement to protect yourself.

2. If your relationship is over, resolve matters with a separation agreement.

TORONTO DIVORCE LAWYER, IRVING SOLNIK, IS ARGUABLY THE BEST TORONTO DIVORCE, CUSTODY AND ALL OTHER RELATED FAMILY LAW ISSUES! HE ALSO EXCELS IN MANY OTHER AREAS OF LAW.

HE DEDICATES THIS BLOG TO DIVORCE, CHILDREN, CHILD ABDUCTION AND RELATED MATTERS ESPECIALLY BECAUSE OF THE TRAUMA THEY INVARIABLY SUFFER BECAUSE OF DIVORCE! CALL HIM AT (416) 932-8509 AT NO COST OR OBLIGATION AND RECEIVE FREE LEGAL ADVICE!

THE LAW PRACTICE OF IRVING SOLNIK, THE BEST DIVORCE LAWYER IN TORONTO AND THE BEST TORONTO LAWYER FOR ALL LEGAL MATTERS!

THE TORONTO DIVORCE LAWYER, IRVING SOLNIK, IS THE BEST, TOUGHEST AND MOST COMPASSIONATE TORONTO DIVORCE LAWYER.

HE IS BEST AT ALL HE DOES-HE PRACTICES VIRTUALLY ALL AREAS OF LAW AS HE HAS BEEN DOING FOR MANY YEARS AND HE EXCELS NOT ONLY IN DIVORCE LAW BUT IN CIVIL, TAXATION, CRIMINAL AND ALL OTHER AREAS OF LAW!

HE STATES:

“SOONER OR LATER EVERYONE NEED A LAWYER FOR BUSINESS, MATTERS-ESPECIALLY DIVORCE, CUSTODY AND ALL RELATED ISSUES AND MANY OTHER AREAS OF LAW.

FINDING THE RIGHT LAWYER HOWEVER SHOULD'NT BE A TRIAL IN ITSELF AS IT COMMONLY IS TODAY. IT WONT BE IF YOU CAN RETAIN IRVING SOLNIK TO ACT FOR YOU-HE IS ARGUABLY THE BEST LAWYER YOU WILL FIND!”

IRVING SOLNIK, A BRILLIANT AND THE BEST TORONTO LAWYER PRACTISES VIRTUALLY ALL AREAS OF LAW USING THE IMMENSE KNOWLEDGE HE ACQUIRED FROM MANY YEARS OF EXPERIENCE.

IRVING SOLNIK PROVIDES PERSONAL SERVICE TO ALL CLIENTS EVEN THOUGH HE COULD DELEGATE THE SERVICE TO HIS TOP STAFF.

IS HE A MIRACLE MAKER?

YOU DECIDE AFTER YOU READ THIS POST AND WHAT IS WRITTEN. MORE INFORMATION IS AVAILABLE ON PERSONAL REQUEST. BUT HE FEEDS ON THE FRUIT THAT GROWS ON THE TREE OF KNOWLEDGE-AN UNENDING SOURCE OF KNOWLEDGE.

IRVING SOLNIK MAY NOT BE A MIRACLE MAKER BUT HE IS CERTAINLY A GREAT AND CREATIVE LAWYER-THE BEST OF THE BEST.

THE QUALITIES OF A GREAT LAWYER ARE:

GREAT EXPERIENCE+GREAT SKILLS+GREAT KNOWLEDGE+GREAT ABILITY+GREAT STRENGTH+GREAT PERSEVERENCE=GREAT TENACIOUSNESS+GREAT GUTS =A GREAT LAWYER!

IRVING SOLNIK HAS THE ABOVE QUALIFICATIONS AND EVEN MORE-HE IS INDEED A GREAT LAWYER.

Remember what the mind can conceive, man can achieve!

NOW BACK TO FINDING THE RIGHT LAWYER. FINDING THE RIGHT LAWYER SHOULD NEVER BE A TRIAL ITSELF AND IT WONT BE IF YOU CAN GET IRVING SOLNIK TO ACT FOR YOU. HE IS ARGUABLY THE BEST TORONTO LAWYER FOR VIRTUALLY ALL LEGAL MATTTERS!

THERE ARE VERY FEW WORDS THAT CAN ACCURATELY DESCRIBE THE SKILLS, EXPERIENCE, DRIVE, KNOWLEDGE AND THE PLETHORA OF ATTRIBUTES THAT IRVING SOLNIK POSSESSES.

Irving Solnik practices all areas of law is on call until 10 pm, even 11pm at (416) 932-8509 day, evening and weekends too.

THE BEST TORONTO LAWYER, IRVING SOLNIK, IS A TOUGH AND MOST FORMIDABLE ADVERSARY. HE BENDS OVER BACKWARDS FOR HIS CLIENTS AND ALWAYS DOES FOR THEM WHATEVER IT TAKES WITH NO HOLDS BARRED.

ACCORDING TO SOME HE USES BLACK MAGIC TO SUCCEED. BLACK MAGIC IS BUT ANOTHER NAME FOR KNOWLEDGE.

FINDING THE RIGHT LAWYER!

When is the last time you received prompt personal service from a lawyer?
Did a lawyer ever come to your home when you could not attend at his (hers) office?
Can you call your lawyer until 10 pm and 24/7 for emergencies, evenings, weekends and holiday?
When is the last time a lawyer always kept you aware of what is being done and why? Have you had a lawyer who will always do whatever it takes for you to succeed?
When was a lawyer familiar with the law concerning the legal problem or matter that is facing you?
When did a lawyer advise you what to do if you are stopped and questioned by the police? When and how often did a lawyer promptly return calls you made?
Have you retained any lawyer who practices all areas of law? When is the last time a lawyer sent you copies of important letters he sent?
How successful for you were lawyers you retained?
Have you been fully satisfied with work and effort of lawyers you retained?
How often was a lawyer you hired capable of looking after all your legal personal and business matters?
Did the lawyers you retained in the past properly look after all your legal problems and matters no matter what they were?
Were any of your lawyers tough, fierce, compassionate and refuse to give up?
How often were lawyers you used consistently successful for you-in the court rooms or at the negotiating tables?

The above are only a part of what of what a lawyer who practices law the way law should be practiced, should be able to affirmatively do!

All of the above questions if asked of Irving Solnik are answered with an unqualified affirmative “yes.” Irving Solnik is also a master legal strategist and superb facilitator.

IRVING SOLNIK, WITHOUT DOUBT THE BEST OF LAWYERS, PROVIDES HIS CLIENTS WITH PERSONAL SERVICE-THERE ARE FEW WHO DO LIKEWISE.

THERE ARE FEW LIKE IRVING SOLNIK. CALL HIM AT (416) 932-8509 AT NO COST OR OBLIGATION UNTIL 11PM AND FOR EMERGENCIES 24/7.

WITH IRVING SOLNIK, THE BEST AND AWESOME TORONTO LAWYER, AT YOUR SIDE, HOW CAN YOU LOSE- BE IT IN NEGOTIATIONS FOR NON LITIGIOUS MATTERS OR LITIGATION?

SHAMUS O’DRUNKAHAN WROTE “MY NEW LAWYER IRVING SOLNIK IS AWESOME. WITH HIM AT MY SIDE HOW CAN I LOSE?"

IRVING SOLNIK, WHO EXCELS IN PRACTICING ALL AREAS OF LAW STATES: "LIVE LIFE TO THE LEES AND NOT IN MISERY!"

BEST TORONTO LAWYER, IRVING SOLNIK, IS ADAMANT. HE STATES ADAMANTLY “LIVE LIFE TO THE LEES-LIFE IS MUCH TOO SHORT TO LIVE MISERABLY AND IN MISERY BECAUSE OF LEGAL PROBLEMS!”

DIVORCE, UNPAID INCOME TAX AND MANY OTHER LEGAL PROBLEMS OCCUR WHEN WE LEAST EXPECT THEM AS DO A PLAGUE OF OTHER PROBLEMS. WHY? ASK THE TREE OF KNOWLEDGE.

"REMEMBER LIFE'S SHORT-TOO SHORT TO LIVE IN MISERY AND/OR SPEND YEARS IN JAIL BECAUSE OF LOVELESS MARRIAGES AND INCOME AVOIDANCE AND/OR NOT FILING TAX RETURNS!”

There is a saying that is a truism: “TOO SOON OLD, TOO LATE SHMART”

IRVING SOLNIK KNOWS WHEREOF HE SPEAKS AND HE IS ARGUABLY THE BEST LAWYER -FEW DO ALL HE DOES FOR HIS CLIENTS.

HE HAS SUFFERED GREAT PERSONAL TRAGEDIES THAT COULD HAVE EASILY RESULTED IN GREAT MISERY FOR HIM BUT HE REFUSED TO LIVE IN MISERY. HE FOUND ONE MUST DO WHATEVER IT TAKES TO LIVE AND ENJOY THE FRUITS THAT LIFE CAN BRING OFTEN MERELY FOR THE ASKING!

VITAL QUESTIONS AND ANSWERS ABOUT CHILDREN IN DIVORCES

The following are answers to some of the most important questions about separation and divorce.

A young lady wants others to learn from the mistakes she made when she was divorced, about eight years ago. There were many and lets call her Jane. Not the least of her mistakes was to allow the divorce to drag on for over eight years. She realized the lessons she learned and decided to share them with others, says Jane, a 49-year-old mother of three who began her divorce about ten years ago and now advises others through her consulting services she operates. And she is not alone-others have done likewise.

She gives anyone contemplating or just beginning a divorce the benefit of her 20/20 hindsight. Here are the answers to questions you never thought to ask, were too embarrassed to ask or never knew whom she could talk to and ask.

“My husband and I don't love each other anymore, even though we don't fight. Should we stay together for the kids?

"You have to do your own soul searching," says Jane, who urges people to have at least a few sessions with a marriage therapist before calling it quits. "If you realize you just can't make it work, at least you know you tried everything you could to save your marriage."

She points out that studies show children who grow up in intact families tend to fare better in life than children whose parents were divorced. On the other hand, it appears that most children are able to adapt to divorce reasonably well.

Eighteen months after divorce a majority of children are almost indistinguishable emotionally and behaviorally from kids whose parents aren't divorced.

The minority are at risk for poor academic achievement, drug and alcohol abuse, and depression. How well child accept divorce depends on how the parents hand it. "War between you and your ex is the main factor in kids not adapting," she says.

Many parents use their children as pawns to vent their anger and frustration on their former spouse. They criticize and belittle their former spouse to the children. Often the children before the divorce were exposed to vicious arguments between their parent and even worse such as physical violence and mental abuse.

These children truly suffer for the sins their parents make, made and often continue to make notwithstanding they are divorced.

Indeed there is increasing frequency where police are called to prevent the violence that seems to be increasing even before the divorce is completed and one, sometimes both parents are arrested and face trials with severe penalties in the offing.

The parents may love their children but in the heat of anger and rage cause severe, even lifetime trauma their children almost invariably suffer.

On the other hand more and more children are physically abused by either or both parents and the mental abuse many of these children suffer is almost beyond belief.

If your children are having a difficult time accepting the divorce, a therapist may be of help provided the parents also adhere to the therapists’ advice.

1."Children don't always share their feelings when divorce takes place and they may need a neutral, third party to talk to and help them cope."

2. Don't the children deserve to know the truth about what happened – for example, my husband or wife cheated on me or other variations, even worse, such as vicious arguments and even violence?

No, they don't. "It will only confuse the children, may destroy their relationship with the even both parent and could have a monumental traumatic impact emotionally on them." Although one or both parents may feel and even be victimized, remember your jobs are to look after your kids, not the other way around. "Parents, on and often both must put their own emotions on the shelf to help their children with the trauma and emotional trauma they say suffer."

3. How do I find the right divorce lawyer for my case?

Do not just pick the first lawyer you find in the Yellow Pages or elsewhere and do not hire your cousin the tax specialist. Build a list of lawyers who specialize in family law, also called matrimonial or divorce lawyers. Ask divorced friends and their former spouses for their opinions on who had the better lawyer, and get his or her name. Narrow down your list to three and have consultations with each of them.

"You need to see if you can have a good-working rapport with this person, "You are in this for the long haul and you need to be able to trust the lawyer you choose."

4. Can we get divorced without going to court?

"Smart divorces" don't usually end up in court. Many non combative ways to dissolve your marriage, include do-it-yourself divorces, mediation by an impartial third party, arbitration in front of a retired judge or senior lawyer, and collaborative law, in which lawyers work together toward settlement.

"Most lawyers know what the financial outcomes of most divorce cases will be, and that this outcome will be roughly the same no matter what form of resolution is used. "The emotional impact of each process, though, is significantly different."

Emotions, too, are factors in helping it all happen faster (although couples are required to live separately and apart for one year before getting divorced -- they can live in the same house but not share the same bed). The quickest divorces are those in which both parties are able to work out child custody and financial support issues amicably.

A VITAL WARNING WHEN DIVORCES ARE IN THE OFFING-CHILDREN.

IF THERE ARE ANY CHILDREN IN A MARRIAGE THAT ENDS IN DIVORCE FOR EXAMPLE, THEY WILL INVARIABLY SUFFER EMOTIONAL HARM THAT COULD AFFECT THEM ALL THEIR LIVES.

MOREOVER IF CHILDREN ARE USED AS PAWNS BY ONE OR BOTH PARENTS, SEE OR HEAR ARGUMENTS, VIOLENCE OR WORSE BETWEEN THEIR PARENTS THEY SURELY WILL SUFFER GREATLY.

DIVORCE SHOULD TAKE PLACE QUICKLY AND IF POSSIBLE, AMICABLY, LEST THE CHILDREN SUFFER AND ENDURE GREAT EMOTIONAL TRAUMA.

IRVING SOLNIK CAN, AT TIMES, QUICKLY, HELP SOLVE OR RESOLVE YOUR LEGAL PROBLEMS OR RELATED MATTERS AND CURE THE MISERY CAUSED BY THEM.

WHEN YOU NEED A LAWYER, WHY SETTLE FOR LESS WHEN YOU CAN GET THE BEST? GET IRVING SOLNIK IF YOU CAN!

QUALIFICATIONS OF IRVING SOLNIK THAT ENABLES HIM TO SUCCESSFULLY PRACTICE VIRTUALLY ALL AREAS OF LAW!

Irving Solnik practices law the way law should be practiced. Established in 1957, the Law Firm of Irving Solnik has earned a solid reputation for providing the highest quality legal services in a broad range of substantive areas.

The firm and Irving Solnik’s pragmatism, it's aggressive use of technology and it's dedication to client satisfaction distinguishes it from it's peers in the legal community.

WHEN YOU NEED A TOUGH AND FEARLESS LAWYER FOR ANY REASON CALL IRVING SOLNIK AND RETAIN HIM IF YOU CAN.

HE ACCEPTS ONLY FEW NEW CLIENTS AT ANY GIVEN TIME. HE DOES SO OUT OF NECESSITY BECAUSE OF THE TIME AND EFFORT HE PERSONALLY DEVOTES TO ALL HIS CLIENTS.

He thrives on tough legal matters including divorce (custody and related issues), taxation, medical/dental malpractice, libel and slander.

They are examples of but a few areas of law he practices. What’s more, the tougher the matter, the tougher Irving Solnik becomes!

HE IS ARGUABLY THE BEST TORONTO LAWYER WHO CAN LOOK AFTER ALL YOUR LEGAL NEEDS WHATEVER THEY MY BE?

YOU CAN CALL HIM DAYS, EVENINGS AND WEEKENDS TOO AT (416) 932-8509 TODAY UNTIL 10-11PM.

IRVING SOLNIK HAS BEEN A LAWYER FOR MANY YEARS AND IS A LEGAL EXPERT WHO EXCELS IN PRACTICING ALL AREAS OF LAW!

IRVING SOLNIK SAYS “LIFE IS SHORT AND WHEN THE MARRIAGE IS LOVELESS AND/OR WITH OVERWHELMING PROBLEMS, GET A DIVORCE. DON’T WAIT, LIFE IS FAR TOO SHORT!”

LET ME SHOW YOU HOW TO DO WHAT I SAY AND WHAT I DID. LET ME AND EXPLAIN WHY I WRITE WHAT YOU ARE NOW READING.

“THERE’S A JOY IN HAVING THE FIRST MOLECULE OF AN IDEA OR THOUGHT, AND TESTING IT FOR A LONG PERIOD OF TIME IN FRONT OF AUDIENCES OF TENS OF MILLIONS OF MEN AND WOMEN.”

READ ABOUT IRVING SOLNIK’S TRAGEDY!

His two young sons, 3 & 5, were kidnapped be his ex wife after a lengthy, expensive and horrific divorce/custody trial and he won custody, she kidnapped them very shortly thereafter. Consequently he has a very special place in his heart and mind for all involved in custody matters,

Irving Solnik’s two sons, 3 & 5, were kidnapped by his ex-wife, actively assisted by a major international law firm. It is Vinson, Elkins, one of the most powerful law firms in the world. She was also assisted by other well known highly respected lawyers, her multimillionaire parents and a host of other conspirators!

A front page story was then published in the Globe & Mail with headlines that blared: “Millions Spent On Custody Row.”

“MY TWO SONS, AGES 3 and 5, WERE KIDNAPPED BY MY EX WIFE!”

She abducted-kidnapped the boys after I was awarded custody of them by the courts (I endured a horrendous and unbelievably expensive divorce). She did so with the active help and participation of a highly “respected” and one of the most powerful law firms in the world-Vinson, Elkins.

All of the conspirators were paid by her multi-millionaire parents and they included a phalanx of other lawyers, public officials, doctors, a prominent professor of law and others.

My ex wife, after kidnapping the boys went into hiding for more than one year before they were flushed out from where they were hiding using a strategy I created. Despite her army of experienced high priced lawyers I won every court battle.

But ultimately I lost the war because after the final battle she kidnapped them again and disappeared with them permanently.

Despite my unending efforts to find them at great emotional and financial cost it has been over 20 years since I last saw or heard of them. To learn more about the kidnapping and all that ensued before and thereafter please send me an email with your request.

It is only recently that I could talk about what happened let alone the pain when writing that is still immense and will be so for many years to come.

During well over six years of non stop litigation for custody of my sons I learned more about law, evidence, court protocol and much much more.

I also learned all about body language, cross examination, strategies and tactics, law, divorces, evidence, cross examination and much more than I learned in law school and more than in twenty years of practicing law. Indeed I learned more than in twenty years of practice and more than most lawyers learn in a lifetime simply because their children were never kidnapped.

When you need an experienced and knowledgeable lawyer for divorce, custody and other related matters, call Irving Solnik at (416) 222-8509 until 10pm days, evenings and weekends at no cost or obligation. You should also read the following:

http://irvingsolnik.blogster.com http://myabductedchildren.blogspot.com

TORONTO DIVORCE LAWYER'S TREATISE ON DIVORCE AND COMMON LAW PARTNERS-A MUST READ!

Dec 4, 2007
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Courtroom proceedings are used only as a final last resort and they can be costly. Divorce court proceedings including a trial can range up to many thousands of dollars.

Divorce Lawyer with a Proven Record of Success

Areas of Family Law Practiced By The Law Offices Of Irving Solnik

Our firm is a full service law firm and we practice many areas of law in addition to Divorce. The Family Law Services include the following:

Contested And Simple Uncontested Divorce
Separation Agreements
Annulment
Child Custody
Child Abduction
Access Agreements
Child Support
Spousal Support
Property Disputes and Division
Equalization of Assets
Marriage Agreements-prenuptials
Cohabitation Contracts
Blocks To Divorce
Ways To Block Prevention of Access To Children
Appeals
Case Conferences
Motions
Trials, Motions And Appeals
Trials & Appeals
Children Aid Societies
Common Law Partners
Spousal And Child Abuse
Childrens Lawyer
Hague Convention
All Other Divorce Related Matters

Our Commitment to You

We are committed to offering you legal service of the highest quality. The pillars of our service are:

Professionalism - We know this is a stressful time and we will do everything we can to help minimize difficulties.
Information - It is imperative that you be fully informed of your rights and obligations at this time. As your Toronto divorce lawyer, we can answer your questions. We also provide several written resources on our Website.
Putting You First - Your interests are always at the forefront of our work. As a Toronto divorce lawyer, I also ensure that you are in touch with any community resources that may help you through this challenging time.