What does a divorce lawyer in Milton do for the Mothers?

What does a divorce lawyer in Milton do for the Mothers?

Legal issues in any relationship can cause a lot of problems in your life. If the legal matters are between spouses, they can create more problems than you can think of. As if that wasn’t enough, Covid-19 has only increased the stress and tension between people. The more tension between partners, the more problems they can expect in the future. A lot of couples end up getting divorced. And that is where a divorce lawyer comes in. A divorce lawyer can help mothers deal with the legal issues and counsel them. It could get challenging for a mother to deal with the various aspects of the divorce, and a divorce lawyer can help her handle things. For instance, Taking care of the children alone might be challenging for some. Some might need help with their assets and how to divide them.

The divorce lawyer could help the mothers with a range of different issues. These issues could be child custody, property division, support issues, and more.

Here is a list of things that a divorce lawyer can help mothers with and how.

Child Custody  

Child custody has always been an issue when couples decide to get divorced or even separate. Most of the parents never think about the child custody issue before the divorce. That’s why when it’s time to get the divorce, these issues rear their ugly heads.

One of the biggest misconceptions parents have is that the parent taking care of the child will have custody of the child. The term for that is a custodial parent. They think the law will give them possession of the child because they have been taking care of them. That might not always be the case. If you have provided for your child, but your partner gets a legal order for custody, they can take the child. You might have the caretaker role, but that won’t help you get custody of your child.

It doesn’t matter if you are a mother or father. It doesn’t matter if you have been taking care of your child since they were born. Only the court can decide the child’s custody, and until that time, nothing is fixed. Until the court decides, both the parents have control of the children.

The court takes its time to decide the child’s fate because it looks at the child’s best interests. There are several factors that the court considers while pondering the child’s custody.

For example

  • Can each of the parents emotionally and financially fulfill the needs of the child?
  • The wishes of your child. If the child is mature enough, the court takes their statement into account.
  • Generally, the court will decide to keep children together if there is more than one kid.

These are some things that the court considers before deciding which spouse will take care of the children. A divorce lawyer can help guide you and present a strong position in front of the court so that the court can decide in your favour.

Property and Asset distribution

We understand that one of the primary issues is the division of assets and property. As a mother, you have to make sure that you get the proper share. This will ensure stability in the future. You might be eligible for economic support in the form of a property. Just like child custody, property and asset division is a complicated matter. The court considers various things before coming up with a verdict.

One of the partners has to pay spousal support to the other partner if

  • They were legally married.
  • If they were in a common-law relationship with children.
  • In a common-law relationship for three years without children.

Generally, the assets between the partners are divided equally. These assets are known as marital assets. Marital assets are only those purchased after the marriage and still in hand when the couple separated. Divorce lawyers who are dealing with the property and assets can guide very well in this matter. That’s why it is always recommended to take help from them. They would ensure that mothers can get their fair share.

As far as the property is concerned, it is also divided equally. For instance, if you have lived in a family home with your partner, it’d be divided equally.

Even if :

  • Any of the partners owned the home before getting married.
  • You might have received it as a gift
  • Inherited it

How can a divorce lawyer help the mothers? 

The matters mentioned above and others make it vital for a mother to talk to a divorce lawyer before the divorce. It doesn’t matter if it is a contested divorce or uncontested. There are so many legalities in both of them.

Here are some of the things on how a family lawyer can help you.

  • They will make sure that they do all the paperwork and submit it on time.
  • They will advise you on your rights as a mother.
  • They will work with you to find the right solution to the problem.
  • They will also help you to represent in the court.
  • They will communicate with other parties on your behalf.


You might be going through a lot of difficulties throughout the separation process. However, hiring the right divorce lawyer could save you from a lot of hassle as they will do all of the work and guide you along the way. You can contact us for any guidance related to the divorce.

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Written by: the Divorce Fast Team

Our team of Ontario lawyers has over 15 years of experience handling divorce and other family law matters.

All of our lawyers are in good standing with the Law Society of Ontario, and have the knowledge and experience to help and guide you through your family law issues. Whether your matter pertains to divorce, separation, custody/access, or support claims, we are the firm for you.

Contact Divorce Fast for a Free Consultation.

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