Family law matters can be highly emotional and involve some of the most important aspects of a person’s life: their financial status, how they care for their children, and what their future looks like. Separation, divorce, and related matters such as child custody and spousal support can be emotionally and financially devastating for families. Choosing the right divorce lawyer to guide you through your case is essential. Our experienced family lawyers located in Vaughan are committed to helping clients navigate the challenging circumstances that arise after their relationship comes to an end.

GDH Family Law is an innovative boutique family law firm located just north of Toronto in Vaughan. Our founding partners are all skillful family lawyers who have devoted their entire careers to the practice of family law. 

We offer a contemporary approach to the practice of family law to meet the needs of modern-day families. Our experienced family and divorce lawyers can help you at any stage of your separation, from negotiating with your partner to drafting Separation or Parenting Agreements to vigorous litigation representation in court, mediation or arbitration. We provide you with dedicated and reliable service, no matter how much or how little support you need.

Personal Solutions for Personal Problems 

At GDH Family Law in Vaughan, we recognize that the concept of family is personal, and by extension, effective solutions to family law issues must be equally personal. As your family deserves more than a “one size fits all” approach, we create a bespoke strategy tailored to your unique situation.

We understand the impact our clients’ family law matters have on their daily lives and make sure they are treated as more than just a file number. Our lawyers will communicate with you directly on a regular basis, so you receive the personal attention and dedication you deserve. Legal matters are intricate and can involve several elaborate steps. We keep you well-informed so you understand the process and your options.

Separated spouses must demonstrate a “breakdown of the marriage” before a divorce order can be granted. This requires the spouses to have lived “separate and apart” for at least one year before applying to the court for a divorce.

Couples do not necessarily need to live in different homes to be considered “separate and apart”. Some separated spouses choose to both stay in the family home for financial reasons or to give their children time to adjust to the new family dynamic. Determining whether a couple is living “separate and apart” requires consideration of all circumstances to ascertain whether they live their lives independently; for example, they no longer socialize together, maintain independent daily schedules, or sleep in separate rooms.

The requirement to live separate and apart for one year may be waived in certain circumstances involving adultery or cruelty. As discussed below, these grounds are rarely used to fast-track the dissolution of the marriage, and most divorces are granted on a “no-fault” basis (that is, after a one-year separation period).

Adultery

When there has been an incident of adultery in a marriage, it may be used in very limited situations as justification to skip the one-year separation period. It may only be raised by the spouse who did not commit adultery.
In order to seek an immediate divorce, the adultery must be proven to the court. From an evidence standpoint, this can be onerous and may unnecessarily escalate the conflict between the parties, drawing out the litigation beyond even the normal one-year separation period.

Cruelty

To be accepted as a valid reason to waive the separation period, a spouse’s cruelty must be so grave as to make it impossible for the couple to continue living together. A single incident is not generally sufficient unless it was extreme in nature. The cruelty must have caused severe trauma to the victim spouse’s mental or physical health. As with adultery, cruelty is rarely used to expedite a divorce, given its emotional nature and potential to complicate the legal proceedings.