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.
Meet Our Dedicated Team of Lawyers
Over a Century of Collective Experience
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Andrew Feldstein FounderRead BioAndrew Feldstein graduated from Osgoode Hall Law School in 1992. Prior to focusing exclusively on family law, Andrew’s legal practice covered many different areas, including corporate commercial. One of Andrew’s fundamental objectives is to achieve those goals mutually and collaboratively, as set out by him and his client.
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Daphna Schwartz LawyerRead Bio
Daphna Schwartz joined Feldstein Family Law Group, P.C. in 2007 as an associate lawyer. She was previously practising family law in the Barrie area. Her practice includes all areas of divorce and family law, including custody and access, child support, spousal support, and property issues. Daphna is also qualified to practise Collaborative Family Law.
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Anna Troitschanski LawyerRead Bio
Anna Troitschanski joined the team at Feldstein Family Law Group, P.C. in 2012. Prior to that, she practised Family Law at a boutique Newmarket firm. Her experience covers all areas of divorce and family law, including custody and access, child support, spousal support, and division of property.
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Nick Slinko LawyerRead Bio
Nick Slinko attended York University from 2003 until 2007 where he majored in both Law & Society and Philosophy. Nick graduated in 2007 with an Honours Bachelor of Arts degree. He proceeded to earn a Juris Doctor in Law at the University of Western Ontario in 2011. Nick was Called to the Bar in June of 2012 after completing his Articling term with the Feldstein Family Law Group, P.C. He became an associate with the firm immediately thereafter.
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Veronica Yeung LawyerRead Bio
Veronica Yeung joined the Feldstein Family Law Group, P.C. as a summer student in 2014 and returned as an articling student in 2015. Following her call to the Ontario Bar in June 2016, Veronica was welcomed to the team as an associate lawyer.
Veronica attended York University for her undergraduate studies and graduated as a member of the Dean’s Honour Roll when she obtained her Bachelor’s degree in Honours Criminology.
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Shana Gordon-Katz LawyerRead Bio
Shana joined Feldstein Family Law Group P.C. as an articling student in 2017. Following her call to the Ontario Bar in June 2018, Shana was welcomed back to the firm as an associate. While completing her articles, Shana assisted with legal matters covering all areas of family law.
Shana attended the University of Western Ontario for her undergraduate studies, where she graduated as the gold medalist of her program, Honors Specialization in Classical Studies.
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Rachel Zweig LawyerRead Bio
Rachel joined Feldstein Family Law Group P.C as a Summer Student in 2019 and returned as an Articling Student in 2020-2021. Following her Call to the Ontario Bar in April 2021, Rachel was welcomed back to the firm as an Associate.
Prior to completing her legal studies and obtaining her Juris Doctor at the University of Ottawa, Rachel obtained her Bachelor’s Degree at Ryerson University with a major in English Literature.
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Lauren Harvey Associate LawyerRead Bio
Lauren joined Feldstein Family Law Group as a Summer Student in 2020 and returned as an Articling Student in 2021-2022. Following her Call to the Ontario Bar in April 2022, Lauren was welcomed back to the firm as an Associate.
Prior to completing her legal studies and obtaining her Juris Doctor at the University of Western Ontario, Lauren obtained her Honour’s Bachelor of Arts Degree at Wilfrid Laurier University majoring in Criminology and minoring in Law and Society.
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Quinn Held Associate LawyerRead Bio
Quinn spent two years as a Summer Student and then completed her Articling term at a boutique Family Law firm in Orangeville, where she was exposed to various complex Family Law matters. Following her Call to the Bar of Ontario in June 2022, she became an Associate with the Feldstein Family Law Group.
Prior to obtaining her Juris Doctor from the University of Windsor, Quinn obtained her Honour’s Bachelor of Arts Degree at the University of Guelph majoring in Criminal Justice and Public Policy and minoring in International Development.
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Kyla Johnson Associate LawyerRead Bio
Kyla is an approachable, understanding, and motivated advocate. This enables her to build strong relationships with clients. Her practice includes all areas of family law including parenting time, decision-making responsibility, child support, spousal support, division of property and divorce.
