Articles
Explore select family law topics here, and we will continue to update this page regularly.
Author: Judith Holzman
I am so often told by my clients they are going through the worst time of their lives and they see no way forward through the black clouds that surround them.
Author: Judith Holzman
Often I will spend an hour, two, sometimes three, with someone who clearly wants to speak about abuse but won’t.
Under Canada’s Divorce Act, there are three legal grounds upon which a divorce may be granted.
All three fall under the umbrella of “breakdown of the marriage”:
- Living separate and apart for at least one year immediately prior to the divorce hearing;
- Adultery by the other spouse; or
- Physical or mental cruelty by the other spouse that makes continued cohabitation intolerable.
Author: Judith Holzman
For more than four decades, I have asked countless women living with abuse a simple question:
“Have you told anyone?”
It is extremely difficult to obtain a civil annulment. A civil marriage may be annulled on the basis that it is voidable or void ab initio (i.e. void from the beginning). Marriages may be void from the beginning due to lack of capacity to get married, a close familial relationship between the parties, or lack of consent to the marriage.
Significant tax advantages may be available when a Canadian resident pays spousal support to a recipient spouse residing in the United States.
Collaboration is an alternative to traditional divorce that emphasizes cooperation, creativity, respect, full financial disclosure, honesty, and avoiding the courtroom.
Most couples consider their divorce to be a private, family matter. Unfortunately, when a divorce is litigated, it becomes a matter of public record. Furthermore, decisions that affect not only the divorcing spouses but also their children are ultimately placed in the hands of a judge.
For many people, divorce feels like carrying invisible baggage everywhere they go including pain, disappointment, anger, and regrets that weigh heavily on their hearts. Entering a new relationship while still carrying that weight can make it hard to build something truly healthy and lasting.