Same-Sex Divorce Lawyer in Ontario

Assisting in Same-Sex Divorces in Mississauga, Oakville, Markham & Vaughan Since 1994

Feldstein Family Law Group P.C. provides experienced divorce counsel to individuals in same-sex marriages in Ontario and those who were married in the province and moved to other jurisdictions (only if the other jurisdiction will not grant a divorce).

Through the decades, same-sex couples have faced numerous challenges related to marriage and everything it entails, including divorce. Our Ontario family lawyers have represented members of the LGBT community in all areas of divorce and family law since 1994. We have remained abreast of changes in federal and provincial law that affect same-sex couples and do our utmost to ensure the complete preservation of our clients’ rights and interests.

To learn more about same-sex divorce and how we can assist you, call (905) 581-7222. We serve Markham, Vaughan, Mississauga, Oakville, and all of Ontario.

Understanding Same-Sex Marriage & Family Law in Canada

Same-sex marriage was decriminalized in Canada in 1986. In 1999, same-sex couples were given the right to apply for spousal support under the Family Law Act. In 2005, the Civil Marriage Act was passed by parliament, and same-sex couples were granted the right to marry.

Today, the FLA definition of “marriage” applies to same-sex and heterosexual couples. The Divorce Act also defines “spouse” in such a manner as to encompass same-sex couples. As such, the same laws that apply to heterosexual spouses apply to same-sex marriages. Spouses may apply for spousal support, and their property and assets will be divided in accordance with the FLA or Divorce Act. Child custody, support, and visitation will also be dictated by these laws.

What Challenges Might Same-Sex Couples Face During Divorce?

Same-sex couples in Ontario face several unique challenges when navigating divorce, even though the legal framework applies equally to all marriages. One key issue is related to parental rights, especially in cases where only one spouse is the biological or adoptive parent. If the non-biological parent has not legally adopted the child, establishing custody or visitation rights may become more complicated. It’s essential to secure proper legal recognition of both parents’ roles early on to avoid disputes during the divorce process.

Another challenge is societal bias or prejudice that may influence the outcome of divorce proceedings. Although the law is clear, some same-sex couples may face lingering discrimination that could impact decisions related to child custody, spousal support, or property division. It’s crucial for same-sex couples to have legal representation that understands these nuances and can advocate effectively on their behalf.

The division of assets can also present unique difficulties. For couples who were in a long-term relationship before the legalization of same-sex marriage in 2005, determining when the partnership began may be contentious. This can affect the division of property, spousal support claims, and pension sharing. Courts may need to consider the entire duration of the relationship, not just the period following legal recognition.

Additionally, some couples may face jurisdictional challenges if they were married in Ontario but now live in a region that does not recognize same-sex marriage or divorce. In these cases, navigating international or interprovincial legal systems can add layers of complexity to the divorce process.

Legal advice from professionals well-versed in the specific challenges of same-sex divorces is essential to ensure that the rights of both parties are protected throughout the proceedings.

Contact Our Ontario Same-Sex Divorce Lawyers Today

An issue can arise for same-sex couples looking to divorce, however, if they currently reside in a jurisdiction that does not recognize same-sex marriage. Our Ontario same-sex divorce lawyers can help you understand the specific laws that may affect your divorce, regardless of the jurisdiction in which you are currently residing. Our experience and commitment are valuable tools at your disposal when you retain our firm to handle your same-sex divorce.

Ready to Start? Contact Our Ontario Same-Sex Divorce Lawyers Now at (905) 581-7222.