DURHAM REGION
FAMILY & DIVORCE LAWYERS

Our Durham Region family lawyers act fast to file urgent motions, protect assets in separation and divorce, and represent clients in high-stakes family law trials. Whether you need an emergency motion for parenting time, spousal support, or asset protection, our skilled legal team is ready to take immediate action. We specialize in separation agreements, pre-separation strategy, and complex property division, ensuring that your financial future is secured. With a results-driven approach, we aggressively advocate for our clients in high-conflict family law cases, including parental alienation, contested divorces, and business asset disputes.

Separation and divorce involve critical legal and financial decisions, and delays can impact your rights. Our Durham family lawyers provide clear, strategic legal advice to help you navigate complex issues like spousal support, child custody, and equalization of property. Whether you are preparing for anegotiated settlement or a trial, we develop a plan tailored to your unique case to ensure the best possible outcome.


Durham Family Lawyers Office Locations

133 Byron St N Suite 201, Whitby, ON L1N 4M8

285 Taunton Rd E., Oshawa ON L1G 3V2

It was such a nice relief to have Smith Law represent my case (separation agreement ) During my time of separation they were always so pleasant, professional, helpful and answer calls and emails in a timely manner and always provided any information/feedback needed…
Provided legal advice at the highest standard with a clear and simple breakdown of the legal options available. They navigated me ‘ out of the the darkest times and back into the light. Their ability to quarterback and resolve complex disputes with simplistic and practical strategies is unequivocal in the profession.

Outstanding professional yet empathetic service, something that is so much appreciated while dealing with a matter that is already so difficult.
Amazing law firm hands down, from the moment I walked in, very kind and caring, highly recommend 💯.
Positive: Professionalism, Quality, Responsiveness
I would recommend Smith Law. I was very pleased with her and how much time they spent getting to know my case, and especially, her eagerness to obtain a resolution. They are timely responsive, professional and have good values and quality of legal services.
I really enjoyed myself, the girls helped me a lot when I was down & saw to it that my husbands daughter didn’t get the better of me. I consider them good friends & would recommend them to anyone. They make a great team. Thank you girls.
Honest, upfront, and no-nonsense. Rates are beyond reasonable and they do everything in their power to make your time spent with them as efficient as possible.

SEPARATION AGREEMENTS

TRIAL

PARENTAL ALIENTATION

URGENT MOTIONS

MOTION TO CHANGE

GET A SECOND OPINION

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Durham Family Law and Legal Resources


How do I file for divorce in Durham Region?


To start a divorce in Durham Region, you must complete Form 8A – Application (Divorce) and file it with the Oshawa Courthouse, which handles family law matters for Durham Region. The courthouse is located at: 150 Bond St E, Oshawa, ON L1G 0A2
Divorce application forms and instructions can be found on the Ontario Court Forms website:
https://www.ontariocourtforms.on.ca/en/family-law-rules-forms/


How does the court decide child custody and parenting time?


The court decides decision-making responsibility (custody) and parenting time (access) based on the best interests of the child. Factors considered include:
• The child’s emotional, physical, and developmental needs
• The stability and caregiving abilities of each parent
• The child’s relationship with each parent
• The history of parenting involvement
• Any concerns regarding domestic violence or safety
For more information, visit:
https://www.stepstojustice.ca


What happens if one parent wants to move with the child?


A parent planning to relocate with a child must notify the other parent at least 60 days in advance. If the other parent objects, the court will assess whether the move is in the child’s best interests.
For more details on relocation laws, visit:
https://www.attorneygeneral.jus.gov.on.ca


How is property divided after separation?


Ontario follows the principle of equalization of net family property, meaning:
• Each spouse calculates their net worth at the time of marriage and separation
• The spouse with the higher net worth may owe an equalization payment to the other
Some assets, such as inheritances or gifts received during the marriage, may be excluded from equalization.


Is mediation available for family law cases in Durham Region?


Yes. Mediation services are available to help resolve disputes outside of court for issues like parenting time, child support, and property division. For more information, visit:
https://www.cleoconnect.ca

What are the benefits of mediation instead of court?
Mediation offers several advantages:
• It is generally faster and less expensive than litigation
• It allows parents to create cooperative parenting plans instead of relying on a judge’s decision
• It helps reduce conflict, especially in cases involving children


Where can I get help for domestic violence in Durham Region?


Several organizations provide support for individuals experiencing domestic violence:
Bethesda House (Serving Durham Region)
Crisis Line: 1-800-338-3397
Website: https://www.bethesdahouse.ca
Herizon House (Serving Durham Region)
Crisis Line: 1-866-437-4066
Website: https://www.herizonhouse.com

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