1-877-668-9386
Embaucher un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Will I lose my kids cause I don't currently have a job?

Anonymous Asked:

My husband and I may separate. We have 3 kids and I have been home for the 10 years we had all 3 kids. If we separate will I lose my kids cause I don't currently have a job? Will I be forced to leave my home?

Expert Comment:

Subscribe
Notify of
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Andrew J. Kania, LL.B., LL.M.
9 years ago

In terms of whether you will lose your children because you do not have a job, the reality of the situation is that you have a strategic advantage in relation to custody/access given that you are a stay at home mother. The legal test is best interest of the child, but this factor is something that is to your benefit.

In terms of being forced to leave the home, regardless of whether you currently own it you cannot be forced from your home unless an Order is made granting your husband exclusive possession of the home. Ordinarily that only takes place if your husband can prove violence. Of course, your home will either have to be sold or a buyout will have to take place, in due course. That is a property determination which will have to be taken into account with reference to your overall equalization of net family property.

I have provided you with general information based on your question, but as your question was not sufficiently detailed you would need to telephone me at 904-451-3222 for a free consultation in order for me to provide any guidance that may apply to your actual situation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).

Latest Questions Asked:

DC Icon

Separation Agreement in Place but Ex Won't Withdraw Answer: Can Divorce Be Granted?

Hi, I had filed for a divorce in court as my spouse and I were unable to reach an agreement and he was being non-cooperative in terms of trying mediation. He filed an answer to my divorce application. In the last few months, we have been able to reach ...

DC Icon

What Happens if My Spouse is Hiding Assets During the Divorce?

Divorce is a challenging process, and it becomes even more complicated when there are suspicions of hidden assets. In Ontario, as in many jurisdictions, spouses are required to fully disclose their financial situation to ensure a fair division of prope ...

DC Icon

Understanding the Legal Process of One-Sided Divorce in Canada

What Is One-Sided Divorce? One-sided divorce is possible in Canada without the other spouse's consent. This type of divorce can proceed even if the other spouse does not respond or agree to the divorce terms, making it a significant aspect of Canadian ...

DC Icon

What can you buy while you filling for a divorce

What can you invest on or buy while you are going through divorce

DC Icon

Preparing for Court: What to Expect in a Contested Divorce Trial in Ontario

Divorce is a life-altering event that can be emotionally draining and legally complex. When a divorce becomes contested, both spouses cannot agree on some or all of the key issues. This can lead to more significant challenges, as the court has to step ...

DC Icon

Do Divorce Lawyers Work on Weekends? Get Expert Advice When You Need It

If you've been wondering, "Do divorce lawyers work on weekends?" you most likely are experiencing the common truth that navigating the complexities of divorce can be challenging, and finding the right time to discuss your concerns with a divorce lawyer ...

See All Questions
magnifiercrosschevron-down
1
0
Would love your thoughts, please comment.x
()
x