Across Canada, the United States and may other countries, the concept of no-fault divorce proliferated with almost judges almost always granting divorce without assigning fault to a spouse. There is a lot of anger about that approach - just check out the comments on previous episodes! Often when one spouse misbehaves during the marriage, especially through adultery or violence, the other spouse objects to that "bad" spouse getting half, or being allowed to parent the kids. However, the law has changes to recognize that many marriages end because the spouses have grown apart and so nobody is to blame. Still, in Canada, it is possible to get a fault-based divorce if you really want to and a recent court decision may make that a more attractive option. In this episode of the (award winning) Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, will explains when you can get a fault-based divorce, and why you might want to consider it.

This is the second in a three part series that looks how the Ahluwalia decision will affect divorces, parenting/child custody cases and other aspects of Family Law.

If you found this episode helpful, you may also like these episodes:

113. Getting Damages Payments for Abuse in a Relationship105. The Surprising Ways Adultery Does and Does Not Affect Family Court Cases99. When Can You Throw Out Your Ex?72. Why a Judge Might Refuse to Grant Your Divorce51. Who Pays the Costs of an Ontario Divorce?These episodes explain the Ontario Family Court process:112. What To Expect At Each Type of Family Court Appearance14. Ontario Family Court Step by Step – Part 1: Starting and Responding to Family Court Proceedings 15. Ontario Family Court Step by Step – Part 2: From First Appearance to the last court appearance before trial 16. Ontario Family Court Step by Step 3 – The Trial in Family Court
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. Get it as a ⁠⁠⁠$8.99 Kindle eBook ⁠⁠⁠, or as an ⁠⁠⁠AppleBook for your iPad or iPhone ⁠⁠⁠. You can also get it as a⁠⁠⁠ paperback or hard cover from Amazon⁠⁠⁠ or at better bookstores.

TO CONTACT JOHN SCHUMAN:

website: ⁠⁠⁠www.schumanlaw.ca⁠⁠⁠

email: ⁠⁠⁠[email protected]⁠⁠⁠

phone: 647-342-6775

There has been a significant advancement in Canadian Family Law when it comes to intimate partner violence. In very specific situations, one spouse can sue the other spouse and receive a damages payment. Court cases can recognize what survivors have experienced a pattern of isolation, financial control, humiliation, intimidation, surveillance — a slow tightening that changes what someone can safely say, do, or even imagine.In Ahluwalia v. Ahluwalia, the Supreme Court of Canada took that pattern seriously — and recognized a new civil wrong, a new “tort,” called intimate partner violence. In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, breaks down what happened in the case, what the Courts decided, what a victim must prove to get a damages payment, what this case could change for survivors seeking accountability and how the decision in Ahluwalia will not affect many family law cases. This is the first in a three part series that looks how the Ahluwalia decision will affect divorces, parenting/child custody cases and other aspects of Family Law. If you found this episode helpful, you may also like these episodes:

112. What To Expect At Each Type of Family Court Appearance106. Five Things You Should NEVER Do in Family Court103. 8 Ways to Lose a Parenting (Child Custody) Case79. What Am I Legally Required To Do First After Separating?77. What Happens if You Breach a Family Court Order36. Is Family Court Biased?27. Domestic Violence – The Critical Information to Get Help and Protection

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. Get it as a ⁠⁠⁠$8.99 Kindle eBook ⁠⁠⁠, or as an ⁠⁠⁠AppleBook for your iPad or iPhone ⁠⁠⁠. You can also get it as a⁠⁠⁠ paperback or hard cover from Amazon⁠⁠⁠ or at better bookstores.

TO CONTACT JOHN SCHUMAN:

website: ⁠⁠⁠www.schumanlaw.ca⁠⁠⁠

email: ⁠⁠⁠[email protected]⁠⁠⁠

phone: 647-342-6775

If you are in Family Court, or planning to go to family court for your divorce or parenting case, do you know what to expect at the next court appearance? Do you know what the judge can do at the next court appearance? Do you understand that there are different types of court appearances?Do you know that there are different things that judges can do depending on what type of court appearance is scheduled for your matter? Even though you, your lawyer, your ex, and your ex is lawyer may all be in a courtroom together, with a judge, the type of court appearance can have a huge impact on what happens. It is very important that you understand the different types of court appearances so that you and your lawyer can make the most of them and you know what to expect.

In this episode of the (award winning) ⁠⁠Ontario Family Law Podcast⁠⁠, your host, Certified Specialist in Family Law,  ⁠⁠John Schuman⁠, explains the different types of court appearances in the Ontario Family Courts. He also explains what happens at each and what can happen at the end.If you want a more detailed explanation of what happens at your first time in Family Court, check out this episode: ⁠94 – What Happens at Your First Day in Ontario Family Court⁠

If you want to hear more about each step of the family court process check out these episodes:

14. ⁠Ontario Family Court Step by Step – Part 1: Starting and Responding to Family Court Proceedings⁠

15. ⁠Ontario Family Court Step by Step – Part 2: From First Appearance to the last court appearance before trial ⁠

16. ⁠Ontario Family Court Step by Step 3 – The Trial in Family Court⁠

To figure out if you should even go to court, check out this episode:

⁠60. Should You Take Your Ex to Family Court?⁠

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. Get it as a ⁠⁠$8.99 Kindle eBook ⁠⁠, or as an ⁠⁠AppleBook for your iPad or iPhone ⁠⁠. You can also get it as a⁠⁠ paperback or hard cover from Amazon⁠⁠ or at better bookstores.

TO CONTACT JOHN SCHUMAN:

website: ⁠⁠www.schumanlaw.ca⁠⁠

email: ⁠⁠[email protected]⁠⁠

phone: 647-342-6775

One of the most challenging situations people face in family court, is hearing their exes lie. Your ex may lie about the children or parenting matters to get custody of the children - even going so far as to make false abuse allegations. Lying in court can be tied to concerns about parental alienation. Money is a big motivation for people to exaggerate, if not outright lie about their finances. To get more child support or spousal support, one spouse may make up stories about the other's finances in the hope of convincing a judge that his or her ex has more money.Is it perjury? Do judges even care? In this edition of the  ⁠Ontario Family Law Podcast⁠, your host, Certified Specialist in Family Law,  ⁠John Schuman, goes over how judges perceive and respond to parties lying in Family Court. He also explains some strategies about when and when not to make an issue of those lies, and how to get the biggest benefit when you do. Check out the video version of this episode on YouTube. If you found this episode helpful, you may also like these episodes:

108. What To Do When a Family Court Judge Makes a Mistake

106. ⁠5 Things You Should NEVER Do in Family Court⁠

103.  ⁠8 Ways to Lose a Parenting (Child Custody) Case.  

90.   ⁠5 More Costly Misconceptions About Family Law⁠  

85. ⁠4 Things That Everyone Gets Wrong about Divorce Law

83. ⁠  10 Family Law Strategies That Fail

75. ⁠⁠When Can You Legally Stop Your Ex From Seeing the Kids?⁠

59. ⁠⁠Why You Won't Get Custody of Your Kids

The Ontario Family Law Podcast is acompanion to the book, Guide to the Basics of Ontario Family Law. Get it as a ⁠$8.99 Kindle eBook ⁠, or as an ⁠AppleBook for your iPad or iPhone ⁠. You can also get it as a⁠ paperback or hard cover from Amazon⁠ or at better bookstores.

TO CONTACT JOHN SCHUMAN:

website: ⁠www.schumanlaw.ca⁠

email: ⁠[email protected]⁠

phone: 647-342-6775

Divorce is never easy. But finding the right lawyer to guide you through the process can make a significant difference. This podcast has stressed the importance of speaking to a GOOD family law lawyer to give you help that is specific your situation. The lawyer you choose can make a significant difference both in how stressful and difficult the situation is for you, and how things turn out. Saving some money on legal fees may cost you much more money in the end. There is a lot of turmoil around separation. You may be getting a lot of advice, some of it bad, from people around you. So how do you know if you have a good family law lawyer?

In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, will tell you what you need to know when choosing a divorce lawyer, and the answers may surprise you. A video version of this episode is available on YouTube.

If you found this episode helpful, check out these episodes on similar topics:

103.  8 Ways to Lose a Parenting (Child Custody) Case.  

93.  How to Lose Your Assets in Divorce or Separation 

90.   5 More Costly Misconceptions About Family Law  

85.   4 Things Everyone Gets Wrong About Divorce Law

83.   10 Family Law Strategies That Fail

60.    Should You Take Your Ex to Family Court?  

53.    How to Pay Less Child Support  

40.    How to Keep Your Money in Separation and Divorce 

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. Get it as a $8.99 Kindle eBook or as an Apple Book for your iPad or iPhone . You can also get it as a paperback or hard cover from Amazon or at better bookstores.

TO CONTACT JOHN SCHUMAN:

website: www.schumanlaw.ca

email: [email protected]

phone: 647-342-6775

Many former spouses have been separated for a while, but have not have gotten around to getting divorced. For some people that’s an intentional decision – they do not want to be divorced, or they do not want to accept that their marriage is over. For others, it is just procrastination. But is there a deadline for getting that divorce, or dealing with the other legal issues around separation? This episode of the Ontario Family Law Podcast dives into a crucial topic that affects millions of people every year—deadlines for getting divorced. Anyone who is thinking about filing, already in the process, or just curious about how long it all takes, should watch this episode as Certified Specialist in Family Law, John Schuman, unravels the legal timelines, waiting periods, and practical tips for navigating the divorce process. Listen to this episode right to the end to make sure you do not miss any important points. A video version of this episode is available on Youtube. If you found this episode helpful, check out these episodes on similar topics: 99. When Can You Throw Out Your Ex?98. 7 Big Costly Child Support Mistakes95. How to Pick The Country For Your Divorce91. Should One Spouse Leave the House on Separation?88. Can You Be Legally Separated and Not Know It?79. What Am I Legally Required To Do First After Separating?72. Why a Judge Might Refuse to Grant Your Divorce67. How Long Does It Takes to Get Divorced in Ontario?60. Should You Take Your Ex to Family Court?30. Spousal Support (Alimony) Entitlement 3. Divorce – What does it mean? How do I get one? The Ontario Family Law Podcast is acompanion to the book, Guide to the Basics of Ontario Family Law. Get it as a ⁠$8.99 Kindle eBook ⁠, or as an ⁠AppleBook for your iPad or iPhone ⁠. You can also get it as a⁠ paperback or hard cover from Amazon⁠ or at better bookstores.

TO CONTACT JOHN SCHUMAN:

website: ⁠www.schumanlaw.ca⁠

email: ⁠[email protected]⁠

phone: 647-342-6775

Sometimes people going through Family Court sometimes think that a judge made a mistake, possibly a big mistake. The result is that things went badly in Court. Perhaps the person who was self-represented or perhaps they did not have good representation, or the perhaps the judge did not hear properly or understand. Whatever the cause, the result was that at least one party in court thinks the judge made a mistake. Family court cases are important to the parties, and they can have a profound effect on how the parties, and the children, live the rest of their lives.

Since a judge making a mistake can have a devastating effecton a family, and perhaps make things very difficult for the children, in this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains what to do when a judge makes a mistake.  He goes over the three different types of mistakes and the procedure for fixing the mistake.   Using the wrong procedure can make itimpossible to correct the mistake, so this episodes provide critical information for anyone who needs to fix something that a judge has done. There is a video version of this episode on Youtube.

If you found this episode helpful, check out these episodes on similar topics:

106. 5 Things You Should NEVER Do in Family Court

90.  ⁠5 More Costly Misconceptions About Family Law⁠

85. ⁠4 Things That People Get Wrong about Divorce Law⁠

83. ⁠⁠Family Law Strategies That Fail⁠⁠ 

77. ⁠⁠What Happens if You Breach a Family Court Order⁠⁠ 

67. How Long Does It Take to Get DIvorced in Ontario?

66. ⁠⁠How to Change Child Support

36. Is Family Court Biased?

The Ontario Family Law Podcast is acompanion to the book, Guide to the Basics of Ontario Family Law. Get it as a $8.99 Kindle eBook , or as an AppleBook for your iPad or iPhone . You can also get it as a paperback or hard cover from Amazon or at better bookstores.

TO CONTACT JOHN SCHUMAN:

website: www.schumanlaw.ca

email: [email protected]

phone: 647-342-6775

It is the time of year when many people are getting married. That makes it a time of great celebration and planning, with lots of hopes and dreams. It is also a time when the people around the loving couple wonder whether the betrothed know what they are getting into. Lots of the comments on past episode of this podcast, question the wisdom of get married at all. Those comments lament the legal implications of getting married. Divorce rates are goind down. Still, people should know what they are getting into when they are getting married, and how the law changes things for each of the married spouses. In this episode of the Ontario Family Law Podcast, Certified Specialist if Family Law, John Schuman explains what you should know about Family Law BEFORE getting married. The topics include how marriage affects property rights and ownership, the legal restrictions on matrimonial homes, spousal support, child support - especially for children of other relationships, and how being maried prevents your from having another spouse... and doesn't. Getting married is one of the biggest decisions people make. They should know the the consequences of that decision beofre taking the plunge. So, every one who is engaged, or contemplating marriage, should watch this episode before the wedding. If you found this episode helpful, check out these episodes on similar topics:99. When Can You Throw Out Your Ex?97. Do You Really Need a Prenup (Marriage Contract or Cohabitation Agreement)?96. If I Let My Partner Move In, Will They Get My House?93. How to Lose Your Assets in Divorce or Separation92. How to Protect Your Assets in a Relationship or Marriage91. Should One Spouse Leave the House on Separation?85. 4 Things That People Get Wrong about Divorce Law73. How to Give to Your Kids, But Not Their Spouse/Partners63. What Can You Do With A Marriage Contract?TThe Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. The latest edition, which is up-to-date on all important divorce issues is now available. Get it as a $⁠⁠⁠9.99 Kindle eBook⁠⁠⁠ , or as an ⁠⁠⁠Apple Book for your iPad or iPhone ⁠⁠⁠. Also, you can get it as a ⁠⁠⁠paperback or hard cover from Amazon⁠⁠⁠ or at better bookstores.

TO CONTACT JOHN SCHUMAN: website: ⁠www.schumanlaw.ca ⁠email: ⁠[email protected] ⁠phone: 647-342-6775

When separating spouses or parents go to Family Court, they want to win. Often they hire great family lawyers, like the host of the Ontario Family Law Podcast, Certified Specialist, John Schuman. But, there are times when everything is going well in a party’s case, and then that party does somehting in the courtroom that torpedoes an almost certain win. At other times, that same behaviour dooms someone’s case from the start. These family court litigants are not necessarily doing anything illegal, and they might otherwise be nice people. But, those unfortunate separated spouses or parents raised the ire of their judge and then things went badly. The future of the children, the family and everyone's finances depends on what Family Court Judges decide. So, to keep people from unnecessarily destroying their prospects in Family Court, this episode of the Ontario Family Law Podcast covers some things people should NEVER do in Family Court.

These mistakes that people make are not legal mistakes. They are practical ones, such as rolling their eyes at the judge, failing to make disclosure or telling the judge off. This episode shows how ordinary people can easily avoid missteps in Family Court.

If you found this episode helpful, check out these episodes on similar topics:

103. 8 Ways to Lose a Parenting (Child Custody) Case

94. What Happens at Your First Day in Ontario Family Court

90. 5 More Costly Misconceptions About Family Law

83. ⁠Family Law Strategies That Fail⁠ 

77. ⁠What Happens if You Breach a Family Court Order⁠ 

60. ⁠Should You Take Your Ex to Family Court?⁠⁠ ⁠ 

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. The latest edition, which is up-to-date on all important divorce issues is now available. Get it as a $⁠⁠9.99 Kindle eBook⁠⁠ , or as an ⁠⁠Apple Book for your iPad or iPhone ⁠⁠. Also, you can get it as a ⁠⁠paperback or hard cover from Amazon⁠⁠ or at better bookstores.

TO CONTACT JOHN SCHUMAN: website: www.schumanlaw.ca email: [email protected] phone: 647-342-6775

The Law Says Adultery Does Not Affect a Divorce, But That’s Not Always True

When one spouse has an extra-marital affair (or any sort of affair outside of a committed relationship), it can be devastating for the other spouse. It can reflect a betrayal, a lack aof honesty and questionable judgment. The innocent spouse feels a lot of emotion. Those emotions can include anger, and strong desire for justice to correct the wrong that was done to them. But then they hear that Canada has “no-fault” divorce and the affair does not affect what orders a family court judge will make. None of the laws permit any sort of adjustment to the compensation because of an affair. Is that true? 

Well, it depends. In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains when and how an affair can have an impact in Family Court, and when it does not.  Check out the video version of this episode on YouTube.

If you found this episode helpful, check out these episodes on similar topics:

99. When Can You Throw Out Your Ex?

96. If I Let My Partner Move In, Will They Get My House? 

91. Should One Spouse Leave the House on Separation? 

85. 4 Things That Everyone Gets Wrong about Divorce Law

81. ⁠⁠⁠Can Separated Parents Agree to No Child Support?⁠

80. When Can I Throw Out My Ex’s Stuff?

79. What Am I Legally Required To Do First After Separating? 

60. Should You Take Your Ex to Family Court?

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. The latest edition, which is up-to-date on all important divorce issues is now available. Get it as a $⁠⁠9.99 Kindle eBook⁠⁠ , or as an ⁠⁠Apple Book for your iPad or iPhone ⁠⁠. Also, you can get it as a ⁠⁠paperback or hard cover from Amazon⁠⁠ or at better bookstores.

TO CONTACT JOHN SCHUMAN: website: www.schumanlaw.ca email: [email protected] phone: 647-342-6775