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Family Lawyer Waterloo

We help clients navigate the legal, financial and emotional issues in divorce.

Our Kitchener – Waterloo Office –  (519) 840-0863

Please note our Firm does not accept legal aid matters.  

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What Does an Experienced Family Law Lawyer Do to Help With Your Family Law Matter

Here’s what services you should expect when you choose a family law lawyer Waterloo M & Co. Law Firm.

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The first call to our family law firm

The breakdown of your marriage can be difficult to deal with. Seeing a family law lawyer for the first time is often daunting. Most people experience different emotions when their relationship fails. You may experience feelings of anger, fear, anxiety, hurt, or even depression. Perhaps you have been enduring endless conflict at home and losing sleep over your relationship. You might even be wondering how your children will handle the news of your impending separation.

Our Toronto divorce lawyer understands the emotions that surround family law. We will try our best to make you feel as comfortable as possible. A separation is a life-changing event full of crucial decisions. Our lawyers will help you every step of the way and explain your legal options, rights, and responsibilities clearly.

During the initial consultation, your family lawyer will ask you to describe a little bit about your situation, including why you are seeking family lawyers. You will probably have thousands of questions and concerns buzzing around your head. Our experienced family law lawyer will answer these questions and help you know what to expect. You can always count on our support and guidance at this trying moment.

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Choosing your family law services process

At M & Co. Law Firm we usually adopt two approaches: settlement-focused collaborative divorce and litigation. Also known as settlement-based divorce, collaborative option is an out-of-court legal process that allows couples to work together to achieve a settlement that satisfies both spouses and protects the children.

The whole process is not easy, especially when there are children involved. Even if you and your partner agree on most things, you could still disagree with others. Therefore, what started as a collaborative case could end up as litigation. Our lawyers are well-versed in both options.

Many lawyers claim to be experienced in both, but this is not always the case. When choosing a lawyer, you should verify their skillset and experience. Even if your case starts as one stream, then changes to the other, our lawyers at M & Co. Law Firm will handle it to the end at no extra cost.

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Collaborative law legal services

Collaborative divorce is an alternative to the adversarial court process or litigation. Both spouses enter into the collaborative process voluntarily and commit to resolving their issues cooperatively and respectfully, with the help of their lawyers and a team of professionals. If you and your spouse agree to avoid the court process, you must be open and willing to provide full disclosure to the other party voluntarily. The settlement will be based on the assumption that both parties have acted in good faith and provided honest and truthful information prior to the settlement.  You must also be prepared to compromise to get to a fair resolution. During a collaborative case, you and your spouse participate in your own negotiated settlement process. Lawyers who are specifically trained in collaborative law assist you in reaching a common agreement. If you cannot agree on a settlement, you both find new lawyers to take your case to court. Collaborative law revolves around respect and cooperation. It seeks to help couples reach a negotiated agreement out of court in a safe and private setting. You must both sign a collaborative participation agreement. This agreement states that you both commit to negotiating and resolution; the agreement prevents either spouse from litigating against the other while the negotiations are ongoing. The agreement could also include other provisions like:
  • A commitment to resolve your differences in an amicable manner
  • Commitment to maintaining constructive communication throughout the process
  • A commitment to fully disclose your assets and liabilities
  • Involvement of collaborative lawyers to help you reach a settlement
  • The use of neutral experts like coaches, children’s specialists, and financial advisers to facilitate the process
The first step in a collaborative option involves forming a collaborative team to oversee the whole process. Each spouse hires a lawyer who is experienced in collaborative law matters. The clients will then jointly choose a Financial Neutral to manage the family assets. A Family Professional is often included in the collaborative team if children are involved. The collaborative team first meets in the absence of the parties to map out a way forward. They then set a date for all the collaborative team members and spouses to be present. A wide range of issues is discussed during this meeting. When all the issues have been addressed and the parties reach an agreement, the collaborative lawyers prepare a legally binding separation agreement. The whole process is complete once the separation agreement has been signed. The collaborative process gives both parties more control over the negotiation and the outcome. In collaborative family law, the partners set the parameters and items of discussion in advance. The collaborative divorce process uses a team approach by involving an experienced family law lawyer to help spouses make informed decisions. Compared to litigation, collaborative law is less costly and less time-consuming. Collaborative option provides a more positive experience and results in better agreements.

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The timeline & cost of our family law services

If you’re heading down the path of a collaborative divorce, it’s like choosing the more peaceful route in a typically stormy situation. You and your partner are deciding to handle things maturely and without the drama that court battles often bring. This path involves sitting down, possibly with a cup of coffee, and hashing out the details with a team of experts who are there to guide you through every step. It’s about having those tough conversations but in a way that’s respectful and constructive.

When it comes to the nitty-gritty like costs and timelines, it’s a bit like asking, “How long is a piece of string?” Each professional you bring in, whether it’s a lawyer, a financial advisor, or a counselor, will have their own way of charging – some might have a set fee, others might charge by the hour. This means the longer you guys take to come to an agreement, the more you might need to budget for.

On the money front, the average ballpark is around $30,000, but this is like an estimate – it could be more, it could be less, depending on the twists and turns of your situation. Think of it as a road trip where you know the destination but not exactly how many pit stops you’ll need. Time-wise, it’s generally a 10 to 12-month journey to reach that final handshake and sign-off.

But here’s the thing – the real magic in collaborative divorce is how well you and your ex can work as a team, even when you’re calling it quits. If both of you can sit at the table, be honest, and keep the goal of a fair resolution in mind, things can actually move along pretty smoothly. This teamwork can not only speed up the process but can also keep more dollars in your pockets. It’s about working together to untangle the knots of your shared life with as much grace as you can muster, keeping in mind that it’s not just about ending a marriage, but about beginning new chapters in your lives.

Hire divorce lawyers to help you get through

Types of Divorce in Waterloo

There are two main types:

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Contested Divorce

This is a process where the spouses cannot agree on best outcome of their personal issues, ending in court to have the judge decides for them. The court considers it contested when you disagree on one or all of the issues involved. If any disagreement arises between the divorcing couple, it is left to the court to settle the disagreement. Most of them usually revolve around: In a contested proceeding, each side expresses its position on the issues. The court determines how each of the issues will be resolved through a series of court attendances. There are several ways of settling a contested divorce which include: arbitration, a court-ordered mediation, settlement discussions between your lawyers or via a formal trial and court order. The main drawback here is that both sides lose all control and leave the decision up to a third-party judge. It is also costlier and takes more time. The final decision or outcome of the case lies with the judge, who makes a decision based on the information provided. This option is emotionally exhausting since it involves an uncertain court process. This uncertainty causes a lot of stress and anxiety for the participants.

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Uncontested Divorce

In this case, the spouses agree that the marriage has come to an end and also agree on all the terms of their separation. Because all the terms are agreeable to both parties, the parties do not need to go to court. In this scenaio, parties have resolved any potential issues like parenting time, child custody, property division, and child and spousal support as outlined in the separation agreement. Uncontested divorces are usually concluded faster than contested divorces because both parties are in agreement. For this reason, uncontested divorces are less stressful and less costly for all the parties involved. Couples don’t always start in agreement but can get there through settlement meetings or mediation. 

Frequently Asked Questions

It depends on your situation. There is an archaic law that permits faster divorces if you’re a victim of cruelty or adultery. However, it is very rare for a court to make such an order.  It is also very difficult and costly to prove these grounds for separation.  Even if you can prove cruelty or adultery, it is unlikely with the court delays that you will get your matter before the judge earlier than one year.  Courts do not like to get involved in determining “fault” for it.  In Ontario, you need to be separated for one year before a divorce order can be granted.  To be separated, one side must have told the other that the relationship is over and there is no chance of reconciliation. You and your spouse could be living in the same house, yet you are considered separated for these purposes.
The law does not require you to hire a lawyer. However, the whole process is complicated. Seeking legal counsel and the representation of a divorce lawyer helps you to ensure that you take all the necessary actions on time, that your rights are protected, and that your case progresses promptly and smoothly. Divorce lawyers are experienced, enabling them to deal with issues more effectively and efficiently than a layperson who lacks knowledge and experience. A lawyer also has greater access to resources to ensure that your rights and interests are well protected.
In Canada, it is based on marital breakdown. There are three indications of marital breakdown:
  • When you and your spouse have been separated for one year or more
  • Adultery- this is where you bring a proceeding against the person who has committed adultery. You cannot initiate it based on your own adultery.
  • Cruelty – physical or emotional abuse that makes it intolerable for spouses to live together.
In Ontario, almost all people divorce on the grounds of a one-year separation.

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The goal of collaboratively family law is to allow those who are in the middle of a divorce or separation, to work in a collaborative manner with …

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Divorce

Divorce is about moving forward and starting a new chapter. If you have settled all your other matrimonial issues or you are just starting the process, we are here to help.

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Separation Agreements

If you and your spouse are in agreement on the terms of your separation, you are free to put your decisions into a separation agreement…

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At M & Co. Law Firm, we understand the importance of finding the right fit for your representation. We take the time to get to know our clients and create a strategic plan that will help them to move forward and make a positive change in their lives. Get in touch so we can learn more about your goals and how we can help you reach them.

Anna-Marie Musson, Managing Lawyer – Toronto

Recent Google Reviews

5.0 stars | 10 reviews

Working for M&Co Law has been a refreshing experience. Very seldom does one find a work environment as supportive, connected, and dynamic as this. The people are great, the culture; amazing. I am encouraged to work on myself and my personal development. And clients are treated with care, empathy, and respect. A firm that truly is people-driven.
— Jane Chirwa
M&Co Law is a great place to work. The environment is supportive and structured to help nurture group and individual growth and success. Our non-hierarchical team model fosters open communication and collaborative work. Here at M&Co, every employee is truly valued for their contributions.
— Tanys Insley
Thank you so much. You guys have been amazing to work with.
— Henriette Jacobson
I just want to let you know that I am very happy to have you in my corner. Your support and knowledge has been invaluable. You have my sincerest thanks.
— J. K.
I really appreciate your team's support and professionalism during this delicate process. I wish you the best for the upcoming year and beyond
— M. D.

Our latest media appearances

From appearances in the local news to The Modern Divorce Show podcastwe got you covered…

Latest articles on our blog

Read our latest articles and learn more about how we approach the way people divorce…

ClientConnect resources

Resource for all things to help with your emotional well- being as you navigate your separation and divorce…