Epstein & Associates Family Law Lawyers

Working with our lawyers in Newmarket, Richmond Hill, or Toronto you can rest assured that your advocate is nearby and available for you. In fact, every lawyer at our firm practices Family Law. To get more information, contact http://www.divorcemag.com/ON/pro/epstien-and-associates-toronto-divorce-lawyers.shtml

Can one divorce lawyer represent both my spouse and me? I think it would save us time and money

Divorcing spouses should never, ever be represented by the same divorce lawyer under any circumstances. There are a number of options available for couples that have decided to end their marriages, and it is indeed possible to save time and money, but having one lawyer for both parties is not one of them. The one thing I tell everyone loudly and clearly is that having one divorce attorney represent both you and your spouse is a recipe for disaster...read more

What can I do if my divorce lawyer wants to quit my case? The court date is approaching, and I don't know where else to turn

First of all, your divorce attorney cannot quit until you agree or the court allows him or her to do so, according to divorce law. If you think your lawyer is getting ready to "fire" you, confront him or her for a candid discussion. Try to determine why he or she wishes to terminate your working relationship. If you are being difficult or not following your attorney's advice, be careful not to take that behavior to your next lawyery. If your attorney is quitting for reasons of illness or retirement, he or she is obligated to refer you on to another lawyer...read more

I've heard of people having 'divorce ceremonies'. What's that all about?

In a ceremony of this kind, friends and family gather for their honored friend, in the spirit of acceptance and love, to welcome a new day with renewed commitments for growth and fulfillment.

Divorce affects the lives of so many families. It is a major life transition that society more often than not fails to recognize and individuals wrongly are made to feel guilt, shame, or failure about it. Those who have been through or are going through divorce need to know that they are brave individuals, and they should be respected for being able to come through this devastating experience with the support of their community and belief in themselves. Personalized ceremonies that mark these milestones in people's lives are vital for the health and well being of people as individuals and our society...read more

What is a legal separation or separate maintenance?

In Georgia, you are legally separated if you are no longer engaging in marital relations and you consider yourself to be in an actual state of separation. You can be separated even if you are living in the same household as your spouse. To file a case for divorce, you must be in such a state of separation. The court will not grant you a "legal separation". Rather, you must swear that you are in an actual state of separation and then the court can grant a divorce or an Order for "Separate Maintenance"...read more

What are my (or the other person's) child support obligations in Georgia?

In Georgia, both parents can be required to provide assistance to their children until a child reaches the age of 18 years if not in high school, graduates from high school if eighteen (18) years or older, reaches the age of 20 years and is still in high school, dies, marries, is emancipated or joins the military, whichever event occurs first...read more

When does child support end?

Unless your marital settlement agreement states otherwise, child support generally ends when the child reaches age 18 or graduates from high school, whichever occurs last -- but in no event past the child’s 19th birthday...read more

Should I hire a private detective if I think my spouse is cheating on me? I’d like to have evidence in case we divorce.

The answer is no; unless you like wasting your time and money. In Illinois, as in most states, “fault” is no longer a factor that you need to prove in a divorce. That means, for the most part, no matter how many affairs your spouse had, his or her “bad behavior” will have little or no effect on how your marital assets will be distributed, the amount and duration of support, or who gets custody of the children...read more

Is there any legal reason why fathers should not be awarded custody of their children just as often as mothers? How can I (a father) increase my chances of being awarded the primary custody of my children?

The Texas Family Code specifically provides that sex cannot be considered when evaluating the qualifications of a person to be appointed a conservator of a child. The Texas Supreme Court, in considering this issue, in the context of a child born outside of marriage, has stated, "A father who steps forward, willing and able to shoulder the responsibilities of raising a child, should not be required to meet a higher burden of proof solely because he is a male." There is simply no reason under the law for a mother to have a greater chance of being awarded primary custody of a child simply because she is female...read more

I received a large lump sum settlement from my divorce. How should I invest the money?

Individuals receiving large sums of money -- regardless if it comes after a divorce, an inheritance, or the sale of assets -- should seek the help of a competent money manager, in order to protect the corpus (principal) and earn the maximum amount of return. Interview a number of money managers from various brokerage houses. Seek the help and guidance of friends and family and recommendations from people you trust...read more

How can I ensure my ex-spouse will pay the premiums of the life insurance policy?

The beneficiary spouse should attempt to monitor the policy to confirm that it remains in force. A replica invoice could be requested for the beneficiary ex-spouse. Some carriers may offer an automatic notice when the premium is paid. If not, the beneficiary ex-spouse may simply be able to call a toll-free number some time after the premium notice has been received to authenticate actual payment. This is important because if the policy lapses and the insured ex-spouse is no longer insurable, there may be a substantial problem...read more

What long-term issues should I focus on?

Although your current situation may demand most of your attention, it is important not to lose sight of your long term goals and financial needs, particularly as you negotiate a settlement. For example, your retirement goals are an important and valid concern. The terms of your settlement also may trigger financial changes if you remarry. In the area of estate planning, you should review any will you have drawn as well as any trusts that you established with your spouse...read more

What type of life insurance do you need to protect your alimony or child support obligations?

If you are wondering what type of insurance you should buy to protect your alimony or child support obligations, most experts suggest you buy term life insurance instead of a permanent life insurance policy that accumulates cash value.

Term life insurance premiums are less expensive than permanent life insurance premiums; that is an important consideration, particularly when you are going through an expensive life change such as a divorce...read more

Should I Retain My House?

When it comes to your home, you will likely confront three options: sell the house, buy out your spouse or have your spouse buy you out. The best solution for you will depend on both personal and financial considerations. You may simply not be comfortable remaining in your current home...read more

How does the court determine custody?

When the parties cannot reach an agreement regarding the custody of children, the court determines the custodial arrangement that is in the best interests of the children. To make its determination of custody and visitation, the court hears testimony from both parties, any experts they want to present, and any other parties who have direct knowledge of the ability of each spouse to parent the children. The court may also interview the children themselves or appoint a guardian to represent their interests...read more

Should I Move Out Of The House? Will It Affect The Results?

If parties are living in an extremely contentious environment with a high likelihood of domestic violence erupting, it is better if one party moves out of the house to “lower the temperature” and to avoid the much more serious problem of domestic violence. If there is little to no likelihood of domestic violence, but just discomfort, the parties must consider the finances before moving out. Are two households affordable at this time? If the marital home is owned, usually it is sold or refinanced as part of the divorce, but it must continue to be maintained until a final resolution of this house issue, sometimes at the end of the case....read more

Which Divorce Finance company should I chose, that won't take my entitlement?

No, Divorce Finance companies do not take a percentage of your final entitlement, rather interest is charged on the amount of the loan that has been drawn down...read more

How does a joint custody agreement usually work?

There are many creative approaches that you can take in determining what custody arrangement would work best for your family. Each family is different, and the ideal schedule should be tailored to the individual family. It may be helpful in a given case to consult a child psychologist to determine what would work best for your children...read more

How are retirement plans divided in the divorce process?

For many divorcing couples, a retirement plan is the biggest financial asset they hold. And a Qualified Domestic Relations Order (QDRO) is used to help divide these assets..read more about DivorceLawyer.

My spouse and I have just separated. When is it best for me to start dating?

"My wife and I separated for three months, six years ago. When we got back together, she informed me that she was pregnant. Since our separation was only for a few months, I assumed I was the father. Now, six years later, my wife and I are divorcing and I’m having doubts about the paternity. How can I find out without hurting my daughter ‘Sara,’ who I love?”

This is a difficult situation. To start with, if you discover that you’re not Sara’s biological father, then that could unleash a torrent of emotions that could adversely affect your other family relationships. At the same time, if you try and avoid getting to the bottom of this, the doubt may eat away at you and harm your relationship with your daughter. For example, you may behave in a negative way towards her, towards her mother, or any other children in the family. ..read more