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FAQ & RESOURCES

FAQ

  • Where do I start?

    The best place to start is to meet with a qualified family lawyer to obtain an opinion concerning your situation. To speak with one of our Toronto family law lawyers now, please call 416-218-8888, or e-mail info@frodislaw.ca.

  • What are the benefits of retaining a small firm as opposed to a large firm?

    We believe that we can provide the same or better level of service concerning family law issues at a more reasonable rate, as our overhead is lower than in larger firms. Our services are also generally more personalized.

  • Do you charge for a law clerk or legal assistant's time?

    We do not charge for the time spent on your case by our legal assistants. In certain rare circumstances, the time spent working on your case by a law clerk might be charged.

  • How long does it take to get divorced?

    Normally, you must be separated from your spouse for a year before you can get a divorce. In many circumstances, it is possible to resolve the other issues such as custody of and access to the children, child and spousal support, and property issues well before the year of separation is passed. In other cases, it might take longer to settle or resolve those issues.

  • Will the information that I provide remain confidential?

    All of the information you provide to your lawyer will remain confidential.

  • I currently have a lawyer. How do I change lawyers?

    Before changing lawyers, you need to decide that you would prefer to work with another lawyer. Once you make that decision, the process of changing lawyers is quite easy. Your new lawyer will likely have you sign a document called a "Direction" that will instruct your previous lawyer to transfer your documents to your new lawyer. If your matter is already in court, your new lawyer might have to prepare and deliver a document called a "Notice of change in representation" indicating that you have changed lawyers.

  • Do the lawyers at the firm have extensive court experience?

    All of the lawyers in our firm have court experience, some more than others. Several of our lawyers have very extensive court experience.

  • Is there a gender bias in the Family Law courts? Are there benefits to retaining a male lawyer as opposed to a female lawyer or vice versa?

    We do not believe that there is any advantage to retaining a male lawyer as opposed to a female lawyer. The most important factors in retaining a lawyer are the competence of the lawyer and your comfort level in working with your lawyer.

  • Do you practice collaborative law? Do you offer mediation and/or arbitration?

    We regularly engage and participate in mediations and arbitrations. However, none of the lawyers at our firm is trained in collaborative law and we do not participate in that process. There are several reasons for our decision not to engage in collaborative law that we would be happy to discuss with you.

  • Can you help me obtain a legal separation?

    A separation occurs when one or both of the spouses decide that their marriage or cohabitation is at an end. Once that happens, our firm can help you resolve the issues that will arise from the separation. The spouses can still be in the same house but be considered separated.

  • What kinds of documents will I need to provide to obtain a divorce?

    The documents we need depend on your particular circumstances but generally include the following: A copy of your marriage certificate, income tax returns, and information about your finances and property holdings on the date of marriage and at separation (usually bank statements and credit card statements).

  • Do you accept Legal Aid? Do you offer a payment plan?

    We generally do not accept legal aid certificates. However, exceptions can be made in appropriate circumstances. Payment arrangements should be discussed with the lawyer handling your case.

  • What will my case cost me and why won't lawyers commit to a fixed cost?

    The cost of your case will be highly dependent on how you and your spouse conduct yourselves, and what each of you wishes to achieve. It is possible for complicated cases to be resolved quickly and inexpensively when the parties are very cooperative. On the other hand, even relatively straightforward cases can become very costly if one or both of the parties conduct themselves in a difficult and oppositional manner.

RESOURCES

Reported cases

  • Smith v. Torelli 2013 ONSC 1936

    Sometimes people try to avoid paying support by hiding money, disguising how much their companies and other assets are worth, or by refusing to provide disclosure. In this case, the wealthy father payor did not want to provide his income information, and made a number of complicated legal arguments to try to avoid his child support obligations. We were successful in having the court order him to provide his income information and our client was awarded almost all of her legal fees as a result.

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  • More v. Ross 2013 ONSC 2327

    At trial, a favorable result was obtained for our client, as well as an order requiring her former husband to pay a portion of her legal fees. He appealed, and we successfully defended the favorable trial result for our client. Her former husband was required to pay a portion of her legal fees for the appeal, as well.

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  • Phelan v Verni 2013 ONSC 2893

    In this case, we successfully prevented our client’s ex-husband from reducing the amount of child support he was paying to our client for her teenage son.

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  • Grenier v. Grenier, 2012 ONCA 732 – striking pleadings

    • In this case, the husband appealed an order that we had obtained on motion striking his pleadings on the basis of his failure to comply with orders for disclosure. The Court of Appeal upheld the order made by the motions judge and dismissed the appeal with costs payable to our client in the amount of $7,500. As a result, the case proceeded to an uncontested trial.

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