Going Through a Separation or Divorce or Need Legal Help With Custody, Alimony or Matters Related to Child Support?

    Get An Experienced Family Lawyer On Your Side Who Knows How to Defend Your Rights And Help You Obtain the Results You seek.


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    Family Law

    Are You Going Through a Divorce or Separation?

    When the decision is made to end a relationship, there are many matters to resolve. Who will have custody of the children? Who will obtain which assets? Will one partner need to provide support to the other, or to the children? To get each of these matters resolved, you need an experienced family lawyer on your side who knows how to defend your rights and help you obtain the results you seek.

    Find the Right Family Lawyer for you

    We recommend you contact a family law attorney if:

    • You are going through a divorce or separation from a spouse or common law partner
    • You would like to know your rights with respect to assets, spousal or child support, or custody
    • You would like to ensure that custody arrangements are in your favour
    • You would like to ensure that the division of property and other assets is in your favour
    • You would like assistance from a qualified family attorney to resolve other matters or issues resulting from the separation or divorce

    Access Personalized Legal Help for your Situation

    If you are looking for a qualified family attorney, we can help you with any of the following:

    • Divorce applications
    • Amicable agreements and Out-of-Court Settlements
    • Child custody arrangements
    • Spousal or child support arrangements
    • Partition of family patrimony, including your home, savings, RRSP and other belongings
    • Property and co-ownership issues, such as the sale of the family residence and maintaining the status quo pending legal proceedings
    • Discovery of undisclosed assets and undeclared income
    • Protection of assets by way of a seizure before judgment pending legal proceedings
    • De facto spouses
    • Foreign decisions granting maintenance orders or alimony

    What Makes Legal Logik’s Family Law Services Unique?

    Individualized Legal Services

    We work with you in a collaborative relationship providing services tailored to your needs. Together, we’re a team, working to get the results that matter to you.

    Results-Based Billing

    Simply cover the costs and disbursements required to handle your file and a success fee if we obtain a favourable settlement.

    A Proven Track Record for Results

    Our attorneys have successfully helped countless clients resolve their conflicts and find a way forward.

    Personable Service
    We work with you in a collaborative relationship providing services tailored to your needs. Together, we’re a team, working to get the results that matter to you.

    Meet Our Family Attorneys

    Martina Bakula

    Attorney

    Seeing the need for a modern approach to helping victims of significant life challenges, she chose to specialize in aspects of the law that would allow her to act as an advocate and ally to individuals in need. In her daily work, she practices in medical malpractice, labour and employment disputes, insurance law and civil and corporate litigation, helping those who have been wronged obtain just compensation for harm and damages they’ve suffered. To date, she has successfully pleaded hundreds of cases before Quebec’s court.

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    Dave LaPommeray, Legal Logik Attorney

    Dave Lapommeray

    Attorney

    With his experience in family, penal and criminal law, Dave joined Legal Logik to help clients in need defend their rights resolve important life situations. “When facing difficult legal situations, each and every person needs an advocate who will be their partner and help them achieve the best possible outcome,” says Dave. “Social injustices do occur and as part of the team at Legal Logik, my commitment is to help those who need affordable, reliable and transparent legal representation.”

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    Frequently Asked Questions

    My spouse/partner and I are separating/divorcing. Do I need to hire a lawyer?

    In Quebec, when going through a divorce or separation, you are not obligated to hire an attorney. You have the right to manage the various affairs linked to a separation or divorce on your own and represent yourself in court.

    However, a divorce or separation can be quite complex, requiring numerous decisions and choices. Coming to agreement with your spouse on issues related to custody, division of property and other assets, child support and alimony payments can be difficult. When dealing with so many issues, it is not uncommon for partners or spouses to find themselves in conflict and unable to achieve a suitable resolution.

    A family attorney will work on your behalf to ensure that your legal rights are upheld and the arrangements made on all of these important issues protect your interests and those of your children.

    How can a family attorney help?

    Acting on your behalf, a family attorney negotiates with your spouse or your spouse’s attorney to ensure that your legal rights are upheld and the arrangements made protect your interests and those of your children. Combining mediation, negotiation and legal proceedings if needed, a family attorney can help you with each of the following:

    • Divorce applications
    • Amicable agreements and settlements out of Court
    • Child custody arrangements
    • Spousal or child support arrangements
    • Partition of family patrimony, including your home, savings, RRSP and other belongings
    • Property and co-ownership issues, such as the sale of the family residence and maintaining the status quo pending legal proceedings
    • Discovery of undisclosed assets and undeclared income
    • Protection of assets by way of a seizure before judgment pending legal proceedings
    • De Facto Spouses
    • Foreign decisions granting maintenance orders or alimentary support

    What are the costs associated with hiring a lawyer for help with a divorce or separation?

    We offer an affordable hourly rate for all family matters. Upon evaluating your particular situation, we are able to assess the amount of work required and provide you with an estimate of the cost to help you plan and budget.

    How long do divorce/separation proceedings take?

    The duration of divorce or separation proceedings depends on the complexity of your case and the degree of cooperation between you and your spouse. Generally, when there is no serious dispute between the parties involved, the proceedings and lawyers’ interventions are completed within reasonable delays. In the case of conflict or disagreement between the parties, a trial date is often necessary, which can take up to one year to obtain.

    What can I do to obtain custody of my children?

    Before granting custody and ordering alimony payments, the judge presiding over a family law case studies the spouses’ emotional and financial situation and may also hear expert testimony from qualified professionals such as psychologists or social workers. The judge then decides which spouse will be awarded custody of the children. or if shared custody will be granted. If the children are old enough, the judge will also consider their opinion regarding who they prefer to live with. In the case where parents agree on joint custody, it is up to them to decide on the terms and conditions.

    How do I know if I will have to pay child support or will receive it?

    Regardless of whether the mother or father is granted custody, each parent must contribute to the children in the form of money. Child support is determined by income and expenditures of both parties. Many factors may come into play and impose a higher or lower pension.

    How much spousal support can I expect to receive?

    A court considers many factors in determining spousal support. The right to receiving support depends on:

    1. The length of the union
    2. Whether or not each spouse has been or is employed, their level of income and the assets of each spouse or partner
    3. Whether or not the spouses have minor children
    4. Whether or not the couple raised children in traditional roles (that is to say, if one spouse was primarily responsible for providing for the family and the other stayed at home to raise children).
    5. Whether or not one of the spouses suffers from an illness or disability

    How can I change my spousal or child support order?

    Once an order has been filed, in order for a change to be made, you must demonstrate to the court that there has been a “change in circumstances”. In the case that the two parties agree on a new amount of spousal support, they can present it to a judge for homologation in order for it to become a new court order. However, if the spouses cannot agree on the change, the party wanting the change will need to file a motion with the court requesting a “modification” of the spousal support amount. A parent can ask a judge to increase or decrease the amount of child support payments if the parent:

    1. Has valuable property
    2. Pays some of the family debts
    3. Is already making support payments for someone else
    4. Pays for travel expenses to visit the child
    5. Pays extra expenses because the other parent could not see the children as planned

    It is important to know that in such matters, the judge has a great deal of discretion, especially in cases of spousal support and can refuse any request for a variety of reasons as established thus far by case-law.

    What documents do I need to bring for the first meeting with a family law attorney?

    In order to handle your file, a great deal of specific information is required. To simplify the process, before your meeting with one of our family attorneys. we’ll send you a questionnaire by email. This questionnaire will guide you step by step and help you provide us with all of the information we’ll need to help you.   The following is a list of the documents that are usually required for a family law case. When filling out our family law questionnaire, you will have the option to upload them to the questionnaire when promoted. You can also email or fax them at a later date, or bring them with you to your first meeting at our offices. Here is a list of the documents we require:

    • Your birth certificate
    • Your spouse’s birth certificate
    • Your marriage certificate
    • Your most recent T4s
    • Your most recent Notices of Assessment (provincial and federal)
    • Your spouse’s most recent T4s
    • Your spouse’s most recent Notices of Assessment (provincial and federal)
    • Birth certificates for each of your minor children

    Need help with a family law issue? Fill out our family law questionnaire and one of our attorneys will contact you.

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