Specializing in divorce cases, ensuring fair and just outcomes for our clients.
The termination of a marriage by legal action, requiring a petition or complaint for divorce (or dissolution in some states, including California) by one party. Some states still require at least a minimal showing of fault, but no-fault divorce is now the rule in which "incompatibility" is sufficient to grant a divorce. The substantive issues in divorces are division of property, child decision-making responsibility and support, alimony (spousal support), child visitation and attorney's fees. Only provincial courts have jurisdiction over divorces, so the petitioning or complaining party can only file in the state in which he/she is and has been a resident for a period of time. In most states the period from original filing for divorce, serving the petition on the other party and final judgment (or decree) takes several months to allow for a chance to reconcile.
"Due to the amendments made on March 1, 2021 under the Divorce Act and Children’s Law Reform Act, the term Custody is replaced by decision-making responsibility and the term Access is replaced by parenting time”
Divorces (dissolutions) in which neither spouse is required to prove "fault" or marital misconduct on the part of the other. To obtain a divorce a spouse must merely assert incompatibility or irreconcilable differences, meaning the marriage has irretrievably broken down. This means there is no defense to a divorce petition (so a spouse cannot threaten to "fight" a divorce), there is no derogatory testimony, and marital misconduct cannot be used to achieve a division of property favourable to the "innocent" spouse.
We pride ourselves on taking a compassionate approach to representing our clients. We are committed to each case and work diligently to protect your best interests. From drafting contracts to negotiating decision-making responsibility agreements, we use every resource at our disposal to defend your case in a way that is straightforward and cost-effective.
Find out how we can help you by calling (905) 488-6557 or send us an email. We serve clients in English, Punjabi, and Hindi.
Chhokar Law Office offers divorce law services to clients across Greater Toronto Area including Brampton, Mississauga, Caledon, Vaughan, Richmond Hill, Markham, Oakville, Milton, Georgetown, Malton, Bolton, Orangeville, Shelburne, and the surrounding areas.