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Webinar Q & A: Zoom Divorce for Clients and the Modern Lawyer

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Written by Russell Alexander / (905) 655-6335

Webinar Q & A: Zoom Divorce for Clients and the Modern Lawyer

Question 1) What can clients do when the lawyer retained has personal issues that significantly delay the process of getting to a settlement?

The client/lawyer relationship should be one built on trust. Unfortunately, for various reasons that relationship can break down. If a client and lawyer are not able to work through these challenges, the client is entitled to a new lawyer and to switch counsel at any point.

Question 2) If one spouse is receiving the CERB benefit, how is child support calculated, and does that spouse still have to pay support?

The support is based on the income for the year, which would include the CERB benefit and any other income received during that year. Support is adjusted each year accordingly.

Question 3) If someone is suffering from medical issues, what rights do they have staying in the matrimonial home?

In most cases, although the court may delay the sale, ultimately, the sale cannot be prevented. The timeline may vary from case to case depending on the circumstances; however, it will not be indefinite and eventually, the house will have to be sold.

Question 4) If one spouse is paying pay for all the bills of the matrimonial home, does that entitle them to more than 50% of the real estate value?

This would depend on the individual case and circumstances; however, the court may take this into consideration if there was a disproportionate paying of bills or expenses between the spouses, and make adjustments accordingly when the matter is settled from the date of separation to the date of settlement. It could also be offset by your support obligations if you are the higher payer.

Question 5) How do delays either by a pandemic or by one of the parties involved in the divorce process affect submitted appraisals done on jointly owned property and or the matrimonial property?

The market at the time of the sale will dictate the appraisal of the property, so the timeline of the delay and the outcome of the sale will depend on whether that is favourable or not for the seller.

Our next webinar on Zoom Divorce for Clients and the Modern Lawyer is on Wednesday July 7th at 12pm. You can register to attend: here

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About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Oshawa, Concord, Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.