Dealing with Divorce
This is the information you need to hear when discussing divorce, separation, and marriage breakdown. Family law lawyer and accredited mediator, Darlene Rites brings her knowledge and experience in family law to help you sort through key legal issues. Darlene and her interviewed guests speak openly about all family law matters. Discussions range from child custody, access and support to property division, and other legal issues encountered in a relationship breakdown. Join us for honest advice about not only surviving divorce but thriving afterward.
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Season 2 Episode 10: Q&A on Child Support with Darlene
09/14/2021
Season 2 Episode 10: Q&A on Child Support with Darlene
For the final episode of the season, Darlene will answer 5 frequently asked questions on the topic of child support. She will pinpoint some situations when a court could deviate from the table amount of support and highlighting the benefits of going to court versus mediation child support issues. She will also bring up cases—including a landmark decision—to back up her answers and illustrate options for parents going through the divorce/separation process. “Child support is the child’s right and they are entitled to it by law.” - Darlene Here are what she talks about: Whether a parent is obligated to pay for their child’s university education How to change a child support order Whether parents should go to court The decision to waive child support On limiting parenting time if support is not paid or refusing to pay support due to lack of contact with the child Retroactive child support Resources: Connect with Darlene Rites
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Season 2 Episode 9: How Family Law and Investigations Can Help Your Support Claim with Axis Geffen
09/07/2021
Season 2 Episode 9: How Family Law and Investigations Can Help Your Support Claim with Axis Geffen
Axis Geffen is the founder and president of Axis Vero Incorporated. His private investigation firm assists lawyers and self-represented clients to find evidence, properly document it for court or mediation purposes, and then assist in building or strengthening their cases. In this episode, Axis will talk about the nature of his business and what he loves about his job. He will weigh in on different investigation methods and correct some common misconceptions that people have when it comes to this matter. He will also go into the limits of private investigators and of doing your own investigation, offering advice for people who are looking to have their partner or someone else investigated. “There’s nothing worse than getting the answer but getting it the wrong way so you’re not allowed to use it.” - Axis Geffen Here are what we talk about: Axis Vero Incorporated and what it has to offer Surveillance and tracking Research and verification How to prove lack of work in one’s field Video and audio wiretapping The risks of publicly defaming your ex Hidden assets The limits of people who represent themselves Connect with Axis Website: Facebook: Twitter: LinkedIn: Connect with Darlene Rites
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Season 2 Episode 8: Support and the Imputation of Income with Leanne Townsend
08/31/2021
Season 2 Episode 8: Support and the Imputation of Income with Leanne Townsend
Leanne Townsend is a family law attorney based in Toronto. She is counsel and chair of the family law group at Mills & Mills LLP where her practice is focused on family law, domestic violence, and victim advocacy. In this episode, Leanne and Darlene will talk about the imputation of income, illustrating different scenarios based on cases that they have handled before. Leanne will analyze how judges determine whether someone is intentionally underemployed or unemployed. She will clear up a misconception that people have when it comes to their career and the repercussions of making drastic changes. They will also share tips for couples going through divorce/separation. “As a family lawyer... We are in a position to really, in a meaningful way, help somebody and make a difference in their life.” - Leanne Townsend Here are what we talk about: Leanne’s background as a crown attorney The factors that judges look at before imputing income How the imputation of income is a gray area when it comes to support obligations Some reasonable justifications for underemployment and unemployment Mental health claims in family law cases What if a parent leaves their job to attend school The issue of people underreporting their income You don’t need bad faith to impute income Resources Connect with Leanne Website: Instagram: Facebook: Twitter: LinkedIn: Connect with Darlene Rites
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Season 2 Episode 7: Calculating Child Support with Christine Montgomery
08/24/2021
Season 2 Episode 7: Calculating Child Support with Christine Montgomery
Christine Montgomery is the Director of Family Law Training, Support & Development for DivorceMate Software Inc. Before she joined the company in 2005, she spent 7 years in her private family law practice. In this episode, Christine and Darlene will talk about some things that parents should consider when calculating child support. They will weigh in on interesting portions of the Federal Child Support Guidelines, how contributions for extraordinary expenses are calculated, and what factors may impact those calculations. Quote: “The thing that’s probably most dear to my heart is training people with our software... and to help people problem-solve.” - Christine Montgomery Here are what we talk about: Christine’s role in DivorceMate and what the company has to offer The 2 components of child support: table support and Section 7 expenses Section 19, deductions, and shared custody Why the payor’s income is more relevant than the recipient’s income Some issues parents face when it comes to Section 7 expenses The benefits of having a fixed amount of Section 7 expenses Spousal support, child care expenses, and the tax implications Limited scope retainers Resources: Connect with Darlene Rites
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Season 2 Episode 6: Enforcement of Support and the FRO- advice for support payors
08/17/2021
Season 2 Episode 6: Enforcement of Support and the FRO- advice for support payors
In this follow-up episode on the enforcement of support, Darlene will review the powers of the Family Responsibility Office (FRO). She will dive deep into two consequences that greatly impact support payors when they are behind on their monthly support payments—default hearings and driver’s license suspensions. She will also share 3 tips for support payors, highlighting the importance of seeking legal advice. Quote: “Keep up with your support payments. And if you can’t, for whatever reason, then speak to a lawyer and take the necessary steps to have your order or separation agreement amended.” - Darlene Here are what she talks about: What the FRO is capable of Two things you can do when you fall behind payments Why bankruptcy does not get rid of your support obligations What to expect if you get a notice for a default hearing On driver’s license suspensions and refraining orders The equivalent of a “most wanted” list for parents who don’t pay support Some valid reasons for changing support Resources: Connect with Darlene Rites
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Season 2 Episode 5: Enforcement of Support and the FRO- advice for support recipients
08/10/2021
Season 2 Episode 5: Enforcement of Support and the FRO- advice for support recipients
In this first episode of a 2-part series on the enforcement of support, Darlene will talk about the Family Responsibility Office (FRO) and what it is capable of, giving examples of situations where the FRO cannot enforce an agreement. She will answer questions like “What happens if the payor does not pay voluntarily?” and “What happens if the payor does not live in Canada?”. Tune in until the end because she will end the show with 4 quick tips for support recipients. Quote: “Have your agreement enforced by FRO unless you have a very good relationship with your ex-spouse.” - Darlene Here are what she talks about: About the FRO and its responsibilities The 3 ways it becomes involved in support payments What the FRO cannot do The importance of a signed agreement that has been properly drafted by a lawyer Extracurricular activities and payments owed by the support payor Reciprocating jurisdictions The downsides of not involving the FRO Connect with Darlene Rites
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Season 2 Episode 4: Budgeting and Financial Planning After Your Divorce with Patricia Greco
08/03/2021
Season 2 Episode 4: Budgeting and Financial Planning After Your Divorce with Patricia Greco
Patricia Greco is the founder and president of GRC Wealth Transition Solutions. She is a financial divorce specialist with over 30 years of experience as a chartered accountant. Separation/divorce affects people not only emotionally but also financially. In this episode, Patricia will talk about her role in her clients’ divorce journey and the benefits of seeking professional advice. She and Darlene will discuss some of the mistakes that people make when they go through the separation process. They also offer tips and clear up some misconceptions for individuals who are facing this major life transition. Quote: “[The divorce transition] is the most significant financial transaction you’ll actually ever experience.” - Patricia Greco Here are what we talk about: The nature of Patricia’s practice What she learned from her own divorce What a financial forecast is and how it is calculated Lump-sum versus periodic spousal support Why couples shouldn’t immediately settle affairs on an asset-by-asset basis The importance of having a properly drafted and signed separation agreement On surrounding yourself with family, friends, and the right team of professionals On not letting emotions run the separation/divorce process The cost of divorce and why you need to invest in the process Connect with Patricia Website: Instagram: Facebook: Connect with Darlene Rites
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Season 2 Episode 3: Spousal Support and Life Insurance Explained with Stephen Rosenfield and Mag Saad
07/27/2021
Season 2 Episode 3: Spousal Support and Life Insurance Explained with Stephen Rosenfield and Mag Saad
Stephen Rosenfield is the founder and corporate director of Come To Agreement with over 20 years in family law mediation. Meanwhile, Mag Saad is the president and CEO with over 20 years in operations, management consulting, and coaching executives of multimillion and multibillion-dollar international corporations. In this episode, they will explain how Come To Agreement marries two industries—family law and insurance law—to help fractured families reach settlements and improve co-parenting relationships. They will introduce their new product, Rebalancing Beneficiaries. Together with Darlene, they will also address a number of insurance-related issues that people go through during the separation or divorce process. Quotes: “As parents... our responsibility is to give our children the opportunity, to give them a future.” - Stephen Rosenfield “[The company has] products...to help families in stress, be it children or the actual spouses that are separating or divorcing.” - Mag Saad Here are what we talk about: Come To Agreement and their roles in the company The 5 classifications of support payments Why maintaining life insurance policies are necessary The 3 specific problems in family law that Rebalancing Beneficiaries is uniquely designed to solve Why most people don’t make changes to their insurance policies The issue of irrevocable beneficiaries and indefinite support agreements The other advantages of Rebalancing Beneficiaries The biggest mistakes people make when they separate Stephen’s advice on budgeting Find your own personal balance Connect with Stephen Rosenfield and Mag Saad Website: Connect with Darlene Rites
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Season 2 Episode 2: Spousal Support FAQ’s with Russell Alexander
07/20/2021
Season 2 Episode 2: Spousal Support FAQ’s with Russell Alexander
Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers, and he helps clients with separation, divorce, custody and support issues by providing customized solutions to their family matters. In this episode, Russell and Darlene will talk about the collaborative nature of his practice and how it compares to the traditional process for separation and divorce. They will answer some common questions about spousal support, stressing the importance of consulting with a lawyer especially on the issue of entitlement. Russell will also identify the biggest challenges or mistakes people make when they separate. Quote: “As lawyers, we can do a better job communicating with our clients, but clients need to speak up.” - Russell Alexander Here are what we talk about: Collaborative law versus the traditional court system Whether or not someone is entitled to spousal support The Spousal Support Advisory Guidelines How child support would impact a spousal support claim On net disposable income Advice on getting full financial disclosure, not rushing into an agreement, and setting realistic expectations The challenge for lawyers to help clients make informed decisions On pensions Invest in a good lawyer for good advice Write down your thoughts and questions for your lawyer to go through Connect with Russell Alexander Website: Podcast: Youtube: Connect with Darlene Rites
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Season 2 Episode 1: Calculating Support with My Support Calculator
07/13/2021
Season 2 Episode 1: Calculating Support with My Support Calculator
Faith Feldman graduated in 2013 from Western Law and was called to the Ontario Bar in 2014. Since then, she has worked for My Support Calculator (MSC) and its sister company, DivorceMate Software, as a project manager. Today, Faith and Darlene will talk about Canada’s only accurate child and spousal support calculator, a bit about DivorceMate Software, and how you can use these resources during your separation or divorce. They will also answer some questions about child support, highlighting the importance of finding legal representation that works for you. Tune in until the end because Darlene will mention a case that changed the law on retroactive support! Quote: “The health of your family is on you so be your own best advocate.” - Faith Feldman Here are what we talk about: A little bit about Faith What MSC has to offer and the differences between its free and paid versions On the child support table and Section 7 Special or Extraordinary Expenses MSC’s geographical coverage What age child support stops Pressing issues for families going through the separation process How DivorceMate Software differs from MSC People’s entitlement to spousal and child support On getting professional assistance Connect with Faith Feldman Connect with Darlene Rites
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Episode 10: Season 1 Closing: Upcoming Changes to the Divorce Act
02/09/2021
Episode 10: Season 1 Closing: Upcoming Changes to the Divorce Act
You are in for a solo episode with Darlene to close off the first season of this show. In this episode, she will be reviewing some of the legislative changes to the Divorce Act, coming into effect on March 1st 2021. These changes aim to promote the best interest of the child. When a court determines the best interest of the child, the Divorce Act now requires judges to consider a list of best interest of the child factors. Darlene will review this list in order to assist parents in interpreting the factors that will be considered by the court in making parenting orders (custody & access orders). Factors to be considered (3) In determining the best interests of the child, the court shall consider all factors related to the circumstances of the child, including (a) the child’s needs, given the child’s age and stage of development, such as the child’s need for stability; (b) the nature and strength of the child’s relationship with each spouse, each of the child’s siblings and grandparents and any other person who plays an important role in the child’s life; (c) each spouse’s willingness to support the development and maintenance of the child’s relationship with the other spouse; (d) the history of care of the child; (e) the child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained; (f) the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage; (g) any plans for the child’s care; (h) the ability and willingness of each person in respect of whom the order would apply to care for and meet the needs of the child; (i) the ability and willingness of each person in respect of whom the order would apply to communicate and cooperate, in particular with one another, on matters affecting the child; (j) any family violence and its impact on, among other things, the ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child, and the appropriateness of making an order that would require persons in respect of whom the order would apply to cooperate on issues affecting the child; and (k) any civil or criminal proceeding, order, condition, or measure that is relevant to the safety, security and well-being of the child. Quote: “Children don’t track the amount of time they spend with each parent by days or percentage. What they remember are the experiences. “ - Darlene Rites Here are what we talk about: The purpose of the changes in the Divorce Act Presumption of equal shared parenting When shared parenting is not appropriate What changed: the list of best interest of the child factors Child’s relationship with grandparents and siblings Positive obligation on parents to support a child’s relationship with the other parents Role of the status quo Child’s views and preferences Promoting a child’s cultural identity The importance of having a plan for the care of your child The role of communication and cooperation for parents The impact of family violence on parenting orders Connect with Darlene Rites
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Episode 9: The Intersection Between Family Law and Estates Law with Jana Tsang
02/02/2021
Episode 9: The Intersection Between Family Law and Estates Law with Jana Tsang
Jana Tsang is the principal lawyer at Tsang Law, with 12 years of experience practicing Family Law and Wills and Estate Planning. Today, Jana and Darlene will talk about the intersection between family law and estates law and why it is critical to speak with an estates lawyer after separation and divorce. Also, Jana will share her valuable knowledge on creating and updating Wills and Powers of Attorney documents after separation that will surely help family law listeners. Don’t miss this very informative episode! Quote: “It makes me feel good to help people put these documents together to give them a sense of peace knowing the people that they leave behind will be well taken care of.” - Jana Tsang Here are what we talk about: The importance of updating your Will after separation The distinction between separation and divorce Options for the surviving spouse, in case of a spouse’s death The importance of having a Will for common-law couples Advice on updating the ownership and beneficiary designations on your life insurance policies, RRSP’s and TFSA’s after separation On creating a Will to ease the burdens on the beneficiaries The three components to a Will On naming a guardian in the Will in case of separation or death Tips for those going through separation or divorce Connect with Jana Tsang Phone: 416-645-7448 Connect with Darlene Rites
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Episode 8: The Impact of Bankruptcy on Your Divorce and How to Protect Yourself
01/26/2021
Episode 8: The Impact of Bankruptcy on Your Divorce and How to Protect Yourself
Bryan Gelman is a co-founder of Albert Gelman Inc. (AGI) and focuses his practice on the insolvency and restructuring of small to medium size owner-operated businesses and individuals who need assistance with their financial affairs. During this episode, Bryan and Darlene discuss the impact of bankruptcy on your family law case and ways to protect yourself in the event you or your spouse file for bankruptcy during a separation. Should you move to lift the automatic stay against exempt assets? Should you make a claim for spousal support? Working with a family law lawyer and a trustee could provide you with creative ways to salvage as much money as possible during a bankruptcy. Listen to this episode to learn more! Quote: “People need to play nice in the sandbox when there is one spouse that is insolvent.” - Bryan Gelman Here are what we talk about: How Bryan started AGI and growing it On bankruptcy timing impact on spouse equalization claim On bankruptcy timing impact on spousal and child support claims The bankruptcy impacts monthly and lump sum support payment differently Other claims that survive bankruptcy bankruptcy and pension claims On the filing of a lift stay application by the non-insolvent spouse as a relief option The benefit of filing bankruptcy in times of separation Trust claims in bankruptcy Connect with Bryan Gelman Connect with Darlene Rites
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Episode 7: Transitioning with a Parenting and Divorce Coach
01/19/2021
Episode 7: Transitioning with a Parenting and Divorce Coach
Jennifer Donison is a divorce coach specializing in emotional support and putting things into perspective. She guides her clients through the difficulties. She is empathetic and determined to support her clients on the practical issues of divorce - reducing the negative impact for them and their families. Today we will learn what working with a parenting and divorce coach looks like and how it can help you and your family move on after separation. Quote: “I work with individuals through the separation process, sometimes together with their co-parent and sometimes solo. I like to help create and focus future goals that my clients wish to accomplish anywhere from where they want to be in a perfect world looking two years into the future as a parent and co-parent to what they want to accomplish personally to build their self-esteem and confidence.” - Jennifer Donison Here are what we talk about: Her work as a divorce coach and the benefits of hiring one Working with couples to build a co-parenting relationship Working with individuals on their parenting skills Her roles as a divorce coach and a mediator Working with represented and non-represented parents Her view on the process design Challenges or mistakes she thinks people make when they separate Her thoughts on the effect of dragging children to a conflict Her bits of advice on what affects the children in a divorce Misconceptions from her clients Connect with Jennifer Donison Connect with Darlene Rites
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Episode 6: How to Resolve Financial Matters Without Going to Court
01/12/2021
Episode 6: How to Resolve Financial Matters Without Going to Court
There is a misconception that all divorce matters end up in court. True enough, dealing with divorce can be stressful, and a lot of times, couples aren’t making logical decisions, and without proper guidance, it can lead to a disaster. So, in today’s episode, we have Terri McDougall, a financial divorce professional,, to share with us how she is helping clients navigate all the financial complexities involved with separation and divorce. Terri talks about collaborative divorce, equalization of properties, and lots of golden nuggets to help couples and individuals make sensible and educated decisions for their future after separation. Quote: “My passion is simply helping people through this process and making sure that they start the next chapter of their lives on solid footing with the right advisors to help them out.” - Terri McDougall. Here’s what we talk about: What collaborative divorce is and Terri’s role in this process What you need to know about equalization of properties Biggest mistakes clients make when they separate Two effective tactics to help clients with the decision-making process Some valuable tips for someone going through divorce or separation Connect with Terri McDougall Phone: 416.799.7861 Connect with Darlene Rites
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Episode 5: The Benefits of Working with a Mortgage Broker after a Separation or Divorce
01/05/2021
Episode 5: The Benefits of Working with a Mortgage Broker after a Separation or Divorce
Family law clients are often worried about what will happen to them financially after the divorce. One primary concern is whether they can afford to keep their current house or buy a new one. In today's episode, we have Kola Ifabumuyi, a mortgage planner, to give us some insights about the obstacles people face when separating from their spouse. Kola provides optimal mortgage financing terms for people needing mortgages by leveraging over 7000 customized financing engagements and more than 30 lenders, including banks and mortgage specific lending firms across Canada. Tune in as Kola talks about some misconceptions about working with brokers and learn why they are the best resource in effectively managing your mortgage. Quote: "Whether it's a bank or a monoline and you do it yourself, you're going to be limited to whatever their best solution is in-house, but their best solution in-house may not necessarily be the best solution." - Kola Ifabumuyi Here's what we talk about: Some financial obstacles people face when separating from their spouse Misconceptions about dealing with brokers Significant differences between working with a broker, a bank, or doing it yourself Factors that determine what a client can afford Information about the spousal buyout program Some valuable tips from Darlene Connect with Kola Ifabumuyi Connect with Darlene Rites
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Episode 4: The Benefits of Working with a Parenting Coordinator with Michelle Walton
12/29/2020
Episode 4: The Benefits of Working with a Parenting Coordinator with Michelle Walton
One of the most significant conversations that parents will have following a divorce or separation relates to co-parenting the children. This may vary from deciding which parent they'll spend the holidays with to choosing which school they will attend. Unfortunately, some parents don’t spend enough time creating a detailed parenting plan - they may either have a good working relationship with the other spouse and think it is not necessary or they do not want to spend any more time or money on working through these issues. A lot of times, however, vague and unclear parenting plans can result in conflict. In this episode, we have Michelle Walton, an accredited mediator and arbitrator, and parenting coordinator. We will learn about Michelle’s practice and what she and others like her do to help families navigate the sometimes treacherous water of divorce and separation. Quote: “I love the process of parenting coordination, because I think it gives immediate answers for families and most of all for children.” - Michelle Walton Here's what we talk about: The challenges of not having face to face interactions and how they are bridging gap The importance of a parenting coordinator Examples of vague clauses that cause conflict How Michelle helps couples decide which process is best for them The key difference between a lawyer and a mediator’s job Michelle explains what child protection and mediation, and openness and adoption mediation mean About family group conferencing and how it can benefit the children How applied behavior analysis is helping Michelle in her line of work Biggest mistakes people make when they separate Resources: Connect with Michelle Walton Connect with Darlene Rites
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Episode 3: How Family Law and Immigration Law Intersects with Mark Holthe
12/22/2020
Episode 3: How Family Law and Immigration Law Intersects with Mark Holthe
Immigration law intersects with family law when an individual wishes to be reunited with his family in Canada, and Spousal Sponsorship is one of the easiest ways to do that. Today, we have Mark Holthe, a Canadian immigration lawyer, former immigration officer, and Holthe Immigration Law founder. He is also the founder of the Canadian Immigration Institute and the host of the Canadian Immigration Podcast. Currently, he is serving as the chair of the Canadian Bar Association's National Immigration Law section. In this episode, Mark talks about spousal sponsorship - the requirements and the sponsor's obligations to the individual they are sponsoring once they become permanent residents of Canada. Mark and Darlene also discuss the overlaps between immigration law and family law that most people are not aware of. Quote: "You really need to do your homework. You need to make sure that you really really know the person that you're sponsoring." - Mark Holthe Key Takeaways: Spousal sponsorship requirements and agreement Conflict between immigration and family law Responsibilities of the sponsor when the individual becomes a permanent resident of Canada Responsibilities of the sponsor following a separation or divorce The consequences of fraud or misinterpretation and how to avoid them Two key pieces of advice from Mark Holthe Connect with Mark Holthe Connect with Darlene Rites
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Episode 2: Alternative Dispute Resolution and Family Law with Hilary Linton
12/15/2020
Episode 2: Alternative Dispute Resolution and Family Law with Hilary Linton
Hilary Linton is an experienced mediator and arbitrator with over ten years of civil and family law practice, focusing on alternative dispute resolution in family law. After litigating for almost 15 years, Hilary realized that she could do a better job for people and families by helping them negotiate settlements rather than going to court to fight for them. In 2000, she established Riverdale Mediation, where she and her colleagues provide affordable family mediation, arbitration, and parenting coordination services. Hilary assists people going through a separation by designing a negotiation process tailored to each client’s unique circumstances. She recognizes that both clients can live with. However, mediation-arbitration is not for everybody. In this episode, Hilary and Darlene talk about the different processes available for people going through separation, how they empower clients to make informed and educated decisions and some tips for choosing the right mediator. There are numerous benefits to alternative dispute resolution: It allows you to have control over what happens to your case; It permits you to choose how to deal with your case; It is often quicker and less costly than going to court. However, alternative dispute resolution is not for everyone and mediation-arbitration is not appropriate in every case. Listen to this episode to learn about the process options available and how to design the right process for your unique circumstances. Quote: “My job is to work with each of them [clients], so that they feel like they have a good and a positive and a safe place to work through the issues that they need to resolve together as well.” - Hilary Linton Key Takeaways: Available options for people looking to resolve their matters outside the court Misconceptions about mediation Available processes when there's domestic violence involved The importance of the intake process in designing a negotiation process Pros and cons of doing mediation online Tips in choosing the right mediator Government-subsidized process: an incredible resource that is underutilized The myths and importance of seeking independent legal advice Connect with Hilary Linton Phone: (416) 593-0210 Connect with Darlene Rites
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Episode 1: Is it legal to record a conversation with your spouse?
12/08/2020
Episode 1: Is it legal to record a conversation with your spouse?
Welcome to the Dealing with Divorce podcast! Since this is my first episode, I thought it would make sense if I introduce myself and give you an idea of what the podcast is all about. I am Darlene Rites, a family lawyer practicing in Toronto. I am an accredited family law mediator and accomplished litigator. I work for a firm called Ferreira and Bettencourt, LLP. While there is no shortage of information available online on the topics of family law, separation, and divorce, it is difficult for most to sort through, digest, and assess if the information is reliable or not. My hope is you’ll gain practical advice and information on various family law related issues with each episode. During this episode, I explore a question I get asked frequently by my clients - is it legal to record a conversation without your spouse knowing? In Ontario, recording a private conversation is legal as long as one of the parties involved in the call consents to the recording. Although it is legal to record a conversation with your spouse, what does that mean for your family law case? Can a surreptitious recording assist with your custody application? In this episode, I review the factors considered by judges in family court when deciding whether to admit this type of evidence. Quote: “One thing I really want to make clear to my listeners is that even though the recording may have been legally obtained or recorded, it doesn’t mean you’ll actually be able to use it.” Key Takeaways The primary purpose of the podcast Family law questions most people ask Whether or not it’s legal to record a conversation How a recorded conversation can assist your family law case How the court deals with recordings in family law Connect with Darlene Darlene Rites email - Ferreira & Bettencourt, LLP - Facebook - LinkedIn- Links & Resources St. Croix v. St. Croxi, 2017 ABQB 490 (CanLII) - Toronto - Advice & Settlement Counsel -
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