4. Decide what your issues are

What legal issues should I think about when I separate or divorce?
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4. Decide what your issues are

There are some common things that most couples have to decide, such as:

Children

If you have children, you and your partner have to decide on things like:

A parenting plan is a plan about how you and your partner will care for your children after you separate. A parenting plan checklist can help you with the things you may have to think about. Not everything on the checklist may apply to your situation.

Property, assets, and debts

You may have property, assets, or debts to divide. Your right to a division of property depends on whether you're married or in a common-law relationship. Common-law couples don't have the same rights as married couples to a share in the value of property they bought when they were living together.

You also have to think about whether you want to move out of or stay in your home. Your right to stay in your home depends on whether you're married or in a common-law relationship. Married couples generally have an equal right to stay in the matrimonial home.

Spousal support

You and your partner have to decide on things like:

Divorce

If you’re married, you have to decide if you want a divorce and who will apply for one.

Safety

If your partner has abused you or your children, you may have to think about things to keep you and your children safe like:

  • making a safety plan to leave your home
  • getting a restraining order to keep your partner away from you and your children
  • getting an order for exclusive possession of the matrimonial home to allow you to stay in or return to the home you were living in and to keep your partner out of the home

You May Also Need

Canadian Bar Association Legal Health Check
Law Society of Ontario
Ontario Court of Justice
Reviewed: July 31, 2017

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