Professional Family Law Firm in Barrie

Common Questions to Ask a Separation Lawyer

If you are thinking about a separation in Canada, you are going to want a lawyer who understands separation and divorce law in Ontario province. Separation lawyers are often asked the same questions each time a client comes in. Here are some of the most common questions clients ask of a separation lawyer.

How Long Does a Separation Have to Be?

In Canada, there are only three reasons you can legally divorce your spouse. You can get a divorce on the grounds of cruelty, adultery or separation. Canadian law requires that when you separate, you must take a year before a divorce is granted. Part of the reason Canada does this is because they want to give you and your partner time to work out an agreement on property, child support and child custody.

Do You Have Experience with Collaborative Separation and Divorce?

This is important, especially if you and your spouse want to have as civil a divorce as possible. You want to find an attorney who has experience with collaborative separations and divorces. That way, you and your spouse can work through your issues amicably, and keep your family as strong as possible, even though you won’t be living together.

Is There Such a Thing as an Amicable Divorce?

In short, it is possible to get a divorce and remain amicable with your spouse. It takes a lot of work, and there are times when mediation may be necessary. However, if you are willing to work on your divorce, you and your lawyer and your spouse will be able to come to an agreement that works for everyone. If you need a good family lawyer, give JMS Law a call today.

What Can Family Lawyers Help Me With?

Family lawyers are an amazing asset to any family. You may not think so at the moment, but a family lawyer may become really important. Here are some occasions when family lawyers might be really important.

Custody and Child Support

If you are in the middle of a divorce or a separation, a family lawyer might be indispensable. One of the specialties of family law is child support and child custody issues. If you and your partner are battling over child custody or child support, you may need a lawyer to help you and your partner iron out the problems and help your family heal.

You also may need a family lawyer in cases of guardianship. If you have a family member who is disabled–either mentally or physically–you may need help with a lawyer to make sure they are well taken care of if something happens to you. You may need help with paperwork if you are working to get treatment for a family member who is suffering from a serious mental illness, such as schizophrenia.

If you are working on adopting a family member or a child that is not related to you, you may want a lawyer’s help as well. Adoption can be a tricky process. Out of country adoptions are also very difficult, depending on where in the world you are adopting a baby from. There are several different kinds of adoptions you can use, including closed and open adoptions. If you choose to do an open adoption, you will need a good family law service to help you spell out the details about the relationship you want your child to have with its birth mother.

When you hire a family lawyer, you are hiring an attorney who knows a great deal about the intricacies of family law. Do you need a family lawyer? Contact JMS Law today.

Understanding Real Estate Law from Lawyers in Barrie

If you are considering whether or not to buy a home or other property in the Barrie area, you may need the services of an attorney who understands real estate law. Not sure whether you need the services of a real estate attorney or not? We have some scenarios when it may be necessary to contact a real estate lawyer.

When Might I Need a Real Estate Lawyer in the Barrie Area?

One of the most important times you may need a real estate lawyer is when you are having an issue with the appraisal of a property you want to buy or sell. If there are issues with a property appraisal, a lawyer would be able to help straighten those issues out.

Also, if you are a buyer, and you are buying property in Barrie while you are living in another province, this might be a good time to get the advice of an attorney. You’ll want to talk to an attorney who understands the area and can help with problems that arise locally. You may also want the advice of an attorney when you are buying a large property for commercial development. Commercial development documents can be difficult to understand, and a real estate attorney who is knowledgeable about commercial property would be a great help.

If you wanted to buy a property, whether it was commercial or residential, and you have decided to back out of the agreement, you will need an attorney to help you with the legal entanglements. Depending on the agreement you signed, you may have to go to court, or forfeit your deposit–unless there are extenuating circumstances. A real estate lawyer can help you figure that out. When you are looking for a real estate attorney in the Barrie area, give JMS Law a call today.

Understanding a Collaborative Separation in Vaughan

Deciding to dissolve your marriage isn’t an easy decision for anyone to make. If that’s where you and your partner are, you are going to need the help of a separation or divorce lawyer. When you are looking for a collaborative separation in Barrie or Vaughan, you may have a lot of questions. Here is information to help you understand what a collaborative separation is and how it can benefit you and your partner.

Collaborative Separations

When you and your partner spend your evenings and weekends fighting, it isn’t good for anyone. This is especially true if you and your partner are parents. One of the best ways to work through all of the issues that have cropped up in your marriage is to separate and seek guidance or counseling to see if you and your partner can put your family back together.

If one of you moves out of the house, you may be able to try a collaborative separation. In a collaborative separation, you and your partner work through all of the issues within your marriage and you hammer out a separation agreement, which means that you decide child custody issues, child support and visitation, parenting and schooling issues, and any other problems while you are not living together. This collaborative separation may give you time to breathe and to make decisions regarding your future as partners and as a family. Many partners emerge from collaborative separations stronger and healthier in their marriages, or they are better partners with each other outside of marriage.

If you have questions about a collaborative divorce, and you are wondering how to begin the process, contact JMS Law today.

When Should You See a Separation Lawyer in Barrie?

There have been a lot of people who have been spending a lot of time together lately because of the Covid 19 pandemic. If you and your partner have been spending enormous amounts of time together, you may have noticed you are fighting with that person more often than you should be. Perhaps quarantining at home during the pandemic has made you realize that you and your partner don’t need to stay together at all anymore. If that’s the case, you may need a separation lawyer in Barrie. Here are some things you need to know about separation and divorce in Ontario.

Why Separation?

In Canada, divorce takes time. It will be over a year before you get divorced. With that in mind, you need to find ways to work with your partner, especially if you have children, assets, and property. In many cases, you need to be able to sit down with your partner and discuss the issues in your divorce with someone who can be objective. Canadian law allows for a separation agreement between spouses who are seeking a divorce.

In a separation agreement, you and your partner can work out issues now, before they become a huge problem that winds up in the provincial court system. You can sit down with an attorney and figure out custody, finances, and property separation. That way, you will have all of the details of your divorce worked out. If you need an attorney to help you and your partner figure out all of the details in your separation and divorce, contact JMS Law today.

Understanding Real Estate Law When Selling Your Home

If you are in the process of selling your home, you know how frustrating that can be. There are people who come to look at your house that are never going to buy it, they just want to have a look at all of your stuff, and how the house is laid out. There are times you think that you might have sold your house, only to have the deal fall through. Selling a house can be a headache, but it can be even more of a headache when you have a legal hurdle. There are important details about real estate law you need to know if you are selling your house in the Barrie area.

Tips for Real Estate Law

There are several tips that can help you understand real estate law in the Barrie, Ontario area. First, if you are selling to a first-time homebuyer, there are tax advantages they can take advantage of. Also, you need to know that province legislation has regulations regarding home warranties. In fact, new houses must have home warranties for an extended period of time. All new home contractors must be registered with the province. Major appliance vendors also have to register with the province, so if something goes wrong in the house, it must be replaced.

Sellers have the right to try and sell the house themselves, or they could place the home with an agent. Sellers also have the right to offer their home for a conditional sale, which means the buyer has the right to withdraw their offer if conditions aren’t met. You also need to know that you won’t pay taxes for selling your home, as long as it was your primary residence. If you need help with your home sale, contact the real estate lawyers at JMS Law today.

Real Estate Lawyers to Help You in Barrie

Real estate lawyers can help you with a variety of issues related to property. If you are looking for a good real estate lawyer in the Barrie area, here are some things you need to consider when you need an attorney.

What Should I Look For in a Real Estate Lawyer?

Real estate lawyers are well-versed in all of the laws related to property in Ontario province. This is important, because property law in Ontario as well as the rest of Canada can get a little detailed. In Canada, property law includes land that is owned by the government. It’s called Crown lands. If the land you are looking to buy is Crown-owned, that means the province owns the land, and must give you permission to buy it.

In some cases, you’ll need to demonstrate what you’re going to do with the Crown land. If you are using it to improve the lives of people living in the Barrie area, the chances are good that you will receive permission. A good real estate lawyer can help you with the legal paperwork.

A good real estate attorney represents your best interests when you are buying or selling property. In a real estate transaction, your lawyer is the only one representing your interests. That’s why it is so important to hire an attorney. The more difficult the purchase or sale, or the larger the property, the more you will need the services of a good real estate lawyer.

If you are buying or selling property in the Barrie area, you need to find a good real estate attorney. Why not contact us today?

Common Questions About Notary in Barrie

To answer some of the more common questions that most people often have about notary in Barrie, as well as anywhere else they may practice, we are dedicating today’s post to the top 3 questions asked of lawyers who specialize in this field. This is what they told us that they hear from their clients most often:

Q: What Types of Documents Are Commonly Notarized?

A: The most common documents handled by notary attorneys include the following:

Real estate documents
Title escrow closings
Loan closings
Residential loan documents
Transfer of property ownership

These and many, many other documents, can be made legal and official by a professional attorney who works in this area of the law.

Q: What if I Trust the Other Party Involved in the Agreement?

A: Well, you also think it is necessary that you establish some sort of legal agreement between the two of you such as a contract or some other similar document. So, there is a limit to how far that trust goes to start with. Contacts for business or financial agreements just make sense, regardless of the personal relationship.

In fact, the best way to not need a notary for these types of issues is to simply not do that kind of business with family or friends in the first place. Just ask any family law practitioner how that often ends up.

Q: Will a Notarized Document Stand Up in Court?

A: Absolutely! A document sealed by a licensed notary in Barrie will stand up in court any day.

Getting Help from a Family Law Service Agency in Barrie

No one ever wants to be facing a situation where they absolutely have to have the services of a legal professional. This is true for any type of case. But when people find themselves in a situation where they are in need of family law services, the entire ordeal can become extremely volatile. This is due to the fact that this type of legal case usually involves a lot of emotion and personal feelings. Here are a few ways these kinds of legal practitioners can help:

Dealing With the Uniqueness of Your Case

Every case is different. It doesn’t matter if it is a divorce, child custody or even just a broken contract between family or friends. A lawyer could handle 100 of the same types of cases and each individual one would have its own unique details. This is why listening to you tell your own story is a huge part of formulating a successful strategy.

Navigating Financial and Personal Concerns

Many of these kinds of cases also involve important negotiations or court rulings in matters of finance and other personal issues. This is especially true in divorce and child custody. Family law services were created with these scenarios in mind.

A Mediation-First/Litigation-Second Approach

Any seasoned attorney will know that the best route to a quick and mutually beneficial agreement comes when a deal is made between the parties, and not by a judge. In the cases where the other party simply refuses to compromise, a strong background in successful litigation sure comes in handy.

Collaborative Separation Consultations in Barrie

Your Situation In Your Words

One of the biggest red flags that should pop up for anyone who is looking for a collaborative separation in Barrie or any other place is when they meet with an attorney who doesn’t take the time to listen to their story.

The end of every marriage is always different. Yes, sometimes the reasons may be similar or even exactly the same. But the individuals themselves, the emotions and many other details will always be unique.

Understanding Your Options

After you have explained your situation to a quality legal representative, the next step will be working out what it is that you can expect, as well covering what exactly it is that you are looking for. This and various additional information will be necessary for the next phase:

Formulating a Strategy

Even though a collaborative divorce is usually cordial and amicable, it still doesn’t mean that you don’t have to fight a little bit from time to time to get what you want. No matter how civil you and your soon-to-be ex-partner are trying to be, chances are they are going to try and get the best end of the agreement for themselves. You must go in with a game plan and a lawyer who can get it done.

Initiating Negotiation/Mediation

In a perfect scenario a couple might use the same attorney to really make the process go smoothly. But in many cases, the two parties will have their own lawyers to mediate on their behalf. Once everything else on the list has been covered, this is all that’s left before moving on to the next chapter of your life.