A divorce order is a legal document issued by the superior court of justice that outlines the terms of a divorce, including issues related to property division, child custody (decision-making responsibility), and spousal support. Sometimes, after a divorce order is issued, circumstances may change, and it becomes necessary to change or modify the terms of the order. In Toronto, changing a divorce order requires following a specific legal process as per family law. In this article, we will discuss how to change a divorce order in Toronto.
Determine If the Order Can Be Changed
To change a divorce order in Toronto, the first step is to determine if the order can be changed. The court will only modify an order if there has been a significant change in circumstances since the order was issued. Examples of significant changes include a change in income, a change in living arrangements, or a change in the needs of the children.
It is essential to have evidence to support the request for a change in the order. For example, if a party is seeking a change in child support, they may need to provide evidence of a change in income or a change in the needs of the children.
Negotiate a Settlement
Before going to court, the parties can negotiate a settlement on the changes to be made to the divorce order. This involves discussing the issues and reaching an agreement that is in the best interests of all parties involved.
Negotiating a settlement can be a less expensive and less time-consuming option than going to court. It can also be less stressful and less adversarial. TCZ Lawyer Eric Tianchuan Zhao can help you negotiate a settlement that is fair and equitable.
If the parties are unable to reach an agreement through negotiation, they may attend mediation. Mediation involves working with a neutral third party to negotiate a settlement. The mediator helps the parties to communicate effectively and explore different options for resolving the issues.
Mediation can be less expensive and less time-consuming than going to court. It can also be less stressful and less adversarial. We can help you prepare for mediation and negotiate a settlement that is fair and equitable.
File a Motion to Change
If the parties are unable to reach an agreement through negotiation or mediation, they may need to go to court. To change a divorce order in Toronto, the party requesting the change must file a motion to change. This involves submitting a written request to the court outlining the changes they are requesting.
TCZ Law can help you prepare a motion to change and provide evidence to support the requested changes. The court will review the motion and schedule a hearing to consider the requested changes.
Attend a Court Hearing
After filing a motion to change as per Divorce Act, a court hearing will be scheduled. At the hearing, the parties will present evidence to support their positions. The judge will make a decision on whether to grant the requested changes.
We will represent you at the hearing and present evidence to support the requested changes. The judge will consider the evidence presented and make a decision based on the best interests of the parties involved.
Seek Legal Advice
Changing a divorce or separation order can be a complicated process, and it is essential to seek legal advice. Our Qualified TCZ lawyer Eric Tianchuan Zhao can help you understand your rights and obligations, negotiate a settlement, or represent you in court if necessary.
We have lots of experience in family law and we are familiar with the legal process for changing a divorce order. We can provide guidance and support throughout the process and ensure that your legal rights are protected.