DIVORCE AND SEPARATION:
LAWYERS AT YOUR SERVICE

With almost half of marriages ending in divorce, it is essential to fully understand your rights and responsibilities, particularly when there are children involved. Daniel Cooper and Alice Florian are family law attorneys specializing in divorce and child custody cases, and are recognized for their expertise in the field. They serve the Pointe-Claire region and the West Island of Montreal, and will put their know-how to the service of protecting you and your family.

AMICABLE DIVORCE

When it comes to divorce, the best interests of the children take precedence. Questions about ownership of the home and custody of the children are the first important questions you will encounter. Financial matters, such as child support and spousal support (if the spouse is not financially self-sufficient) and separation of your assets will follow. These issues can be relatively easy to resolve when both parties are in good faith. We also encourage the use of family mediation to discuss these issues. With the proper legal advice from a divorce lawyer, you will be able to reach an amicable divorce settlement out of court so that you can start a new life.

DISPUTED DIVORCE

If an uncontested divorce is not possible, winning results or the best settlement possible, will be reached through robust representation, utmost professionalism and a no nonsense and honest approach to applying the law. On your behalf and with your best interests clearly in mind, we know when to negotiate, when to suggest compromise and when to aggressively move forward. For over 25 years, we have represented our clients in matters of: child custody and access rights, child and spousal support, parental alienation and amicable settlements.

LAWYER FOR SEPARATION OF COMMON SPOUSE

Even if you are not married and are common-law partners, separation raises questions regarding property division, alimony, and child custody, if applicable. Me Florian and Me Cooper, experienced lawyers, are here to guide you through the separation process for common-law spouses. As in cases of divorce, an amicable settlement is recommended when both parties demonstrate good faith.

Do you need legal advice regarding a divorce settlement or matters related to child custody?

The Divorce procedure

Montreal Divorce Lawyer – There are potentially three types of hearings in divorce proceedings.

The first is called an interim hearing. This is for matters of urgency. The second, is a provisional hearing. The judgement on the provisional hearing will continue to have effect until the final hearing, namely the divorce hearing.

The Interim Divorce Hearing

If the parties cannot agree, they can be heard before the Court for an interim hearing within days – even faster if required. The key criteria for this type of hearing is urgency. Once legal proceedings are instituted, you may require an immediate Court Order. This interim Order will determine who remains in the home, the type of custody that will be granted and what amount of child and/or spousal support will be paid. You will not testify at this hearing. Rather, written statements are prepared for the judge by your lawyer. This Court Order usually remains in force for 30 days or until a provisional hearing is heard. When an urgent or emergency Court date is required, our lawyers will take immediate action. With a personalized plan, wise strategy and with clear and compelling written statements and advocacy on your behalf, your rights will be protected.

The Provisional Hearing

A provisional hearing is scheduled usually within 3 to 4 months after the divorce proceedings have been instituted. At this hearing, child custody, child and/or spousal support and other issues are determined. This Court Order remains in force until the final hearing, the divorce hearing. At the provisional hearing, the parties testify. Experts, if required, may also be heard. The Court’s decision will remain in force until trial on the merits – the divorce hearing.

The Divorce Hearing

At the divorce hearing, a judgement of divorce is issued. The Court will also partition the assets between the parties. In addition to the final decision regarding custody, a Court Order regarding child and or spousal support will also be rendered.

DIVORCE AND SEPARATION: LAWYERS AT YOUR SERVICE