What to do if my spouse won’t sign the divorce papers?

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Question:  After filing for divorce and completing the paperwork, my spouse won’t sign the divorce papers. What can I do and will the judge grant me the divorce?

Answer:

“Divorces are quite controversial”, says Toronto divorce lawyer. Even if both the spouses are ready for the divorce, the process of getting the divorce is tiresome. Moreover, with one spouse not consenting for the divorce, the process will take longer than usual.

Spouses who are resisting a divorce make the process a very difficult one. They usually try to hide the paperwork and also avoid the delivery of the paperwork. Sometimes, it also happens that the spouse refuses to sign the divorce papers and might also completely ignore the divorce proceedings.

Toronto divorce lawyer assures that even though there are hindrances, the divorce can be finalized. Based on the location where you live, the court judge will either allow for uncontested divorce or default divorce.

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Uncontested Divorce

This is an easy way to get the divorce. In an uncontested divorce, both the spouses agree to get divorced and they agree on all issues related to divorce. Alimony, child care, asset division, debt division and support are some of the divorce related issues according to Toronto divorce lawyer. In this divorce, the paperwork is filed smoothly, an agreement is made and the submission is made to the court upon which the judge grants the divorce.

If there is child support involved, the judges will make sure that the child is taken care of and whether the divorce is in the best interests of the child. Custody terms and childcare are looked into before granting the divorce.

If the divorce petition is properly served and your spouse won’t sign the divorce papers, some courts will consider this as uncontested and the divorce is proceeded smoothly. When the date is assigned for court appearances and your spouse doesn’t show up, the divorce will be considered uncontested and appropriate proceedings will be done by the court.

Request to Enter a Default

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You can request to enter a default if your spouse fails to file a response on time and you have served it correctly. Consult Toronto divorce lawyer to find out about your state’s rules. A proposed judgment and a request to enter a default can be filed if your spouse does not respond within 30 days of your divorce petition. It can also be requested when the spouse cannot be located.

A hearing date will be set by the court and once you appear on that date, a hearing will be done and the judge can issue a ruling based on what is proved in the court or what is stated in the petition. After considering it, the judge will decide to further proceed your divorce. If your spouse does not appear for the hearing, he/she will have lost all the rights to have a say in the divorce proceedings.

Speak with Toronto divorce lawyer if you are dealing with a spouse who won’t sign the divorce papers or is unresponsive after you have filed a divorce. Also discuss if the case could be pursued as a default one.

9 Things Private Investigators Can and Can’t Do

Private and investigator, when these two words sit adjacent to each other it creates a dream world in the mind of the general people. We often start to imagine the Sherlock Holmes and Hercule Poirot in the places of people who are associated with the profession of private investigation. In reality these investigators have to maintain some code of conduct in their line of work. If they disobey any such code they can be considered at fault with the law, just like you and me. The experienced professionals of private investigation Toronto are going to let you know about 9 such things that the real private investigators can or cannot do.private investigation toronto

Break the Law

A private investigator is just a regular citizen with a different profession from most of the person. Other than that they are as much bound by the law as any citizen of any country. They might use some tactics that seem strange or even unlawful to you, but private investigation Toronto assures you that they well within the law.

Can They Follow Someone?

Yes. They can follow anyone that they choose it is perfectly legal in Canada. And you will be surprised the amount of surveillance requests the private investigators get. The professionals of private investigation Toronto assume that it would be near about 90% of all requests.

Can they Use GPS as Surveillance device?

It depends on the state laws of Canada. In certain circumstances and in certain states they can use GPS as a tool in surveillance.

Can they hack a Phone or Computer?

In television you can see the private investigators getting in the phone of anybody. In reality this never takes place. Even if they know how to do the hacking, it is completely illegal.

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Can They Get Bank Statements?

The financial records that banks hold are protected in nature. It may seem that the private investigators cajole personal information from many people; they cannot do any such things in the case of bank records.

Can They Get Travel Information

The professionals of private investigation Toronto state that getting hold of your travel information is not impossible. The process of collecting such data can be very difficult.

Can They Get Hold of medical Records?

They cannot get your detailed medical record as it is illegal. It is very easy to gather information of any medical condition from any associates of a person just by talking to them. It is very important to not even if they collect the information about the condition it might not be admissible to the court.

Do They Work With Police?

The private investigators are sometimes be engaged to get a second opinion on some very critical cases. Sometimes private investigators become a boon to the policemen who are generally bogged down with the pressure of work.

Can They Find a Lot of Information Online?

The professionals of private investigation Toronto certified that private investigators have made themselves very good researchers. They are often very good in deep web search as well. Therefore getting information from the internet can be easily done by them.

How Can Spouses Divide Property in a Divorce?

Going through a divorce is devastating and emotionally draining. If you are a celebrity who is worth millions of dollars, it can be difficult to navigate a split. Here are some tips that you can use to divide property in a divorce.

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Use a Prenup for Avoiding Property Division Requirements

It is not that uncommon for the couples with high net worth to execute a prenuptial agreement prior to getting married. This is because a prenup will allow the couples to sidestep the divorce laws in the state. Thus, couples will be able to avoid property division requirements says family lawyer Richmond Hill.

Each spouse in the divorce can have one-half of the community property. However, it might be difficult to identify and value your asset. Moreover, it might be complicated to decide who gets what. With the prenuptial agreement, the spouses will be able to hash out the property division detail before time and skip worrying about the 50/50 split.

Family lawyer Richmond Hill states that you need to keep in mind that the court still has to sign off on how the property is going to be divided. The judge will search for the indicators that contract had been signed under duress or if it will benefit one spouse over the other unfairly. In majority of the cases, unless there is proper evidence of misconduct, terms of prenup are going to be upheld.

How will a Couple Divide a Property?

Family lawyer Richmond Hill in order to ensure that each of the spouses gets half of the property, they need to,

  • Identify the assets which include income, royalties, retirement benefits, stock, real estate, vehicles, and other valuables.
  • Place a value on each of the asset.

Once the assets have been valued and identified, there are only few ways to start with the allocation and the division process.

family lawyer richmond hill

Split and Liquidate Profits: Couples might choose to sell their assets and then divide the assets in an equal manner. This might prove to be a challenging task for some assets which can be easily sold.

Allocate Items of Same Value: In case the spouses are not interested on selling off the assets, they might choose to go through a detailed procedure. In case one spouse has to retain sole ownership and rights to the retirement valued at $100,000, the other spouse is entitled to the property which is also valued at $100,000. Family lawyer Richmond Hill, the other spouse might choose multiple items when it is valued together equals $100,000. The process will go on till each of them has assumed ownership of the equal share of the marital property.

Assume Debts in Lieu of the Assets: Spouses will not have to worry about their assets.  Each side are going to be liable for the one-half of the debts that they hold.  A spouse can agree to take a considerable share of the couple’s debt in exchange for a certain portion of the marital property. Family lawyer Richmond Hill says that one spouse might really want the family home. If the home encumbered by the mortgage loan, the spouse might offer to assume the debt. In case the spouse agrees, they are going to have to give up less in exchange for the house.

Need a Family Lawyer in Oakville? Your Search Ends Here

Divorce is one of the stressful things in one’s life. When a couple goes through divorce proceedings, it takes a huge toll on them, both physically and mentally. Often times, couples don’t love to face each other when going through a divorce. As divorce proceeding is a bit complicated, it would be better to take the help of a divorce attorney. Basically, Oakville family lawyer can successfully help clients to navigate through the divorce proceedings.family lawyer oakville

Divorce Law

When going through a divorce, sometimes it can become difficult to assess the state of mind that a person is in. As most people might not have any experience with the legal system, it would be better to take the help of a divorce expert. Divorce attorneys being knowledgeable in the field of divorce can work with the clients during each steps of the divorce case.

How to Find a Lawyer?

When you are looking for a good Oakville family lawyer, how will you know if you are investing in the right one? You will need to take some factors into consideration. They are:

Doing Research

When looking for a divorce attorney, one should do a proper research. Doing some research would help one to get hold of right attorney for the job. A right lawyer can help to get a divorce and also fight for an alimony or child custody case.

Asking Referrals

While searching for an Oakville family lawyer on the net, one will come across many options. However, to be on the safe side, it would be better if one asks for some references from friends or colleagues. If your friend needed the services of an attorney recently, they can easily provide an advice on the best lawyer in the neighborhood.

Knowing Your Needs

Before picking up any attorney to represent a divorce case, it is very important for the client to understand their needs and requirements. If a couple wants to settle the case out of court? Or, if one wants to move to the court. Depending on the goals, a lawyer can start their work.

oakville family lawyer

Being Realistic

Divorce is a complex process. A divorce lawyer while trying to fight a case should try to present his/her best of their abilities. Basically, lawyers can help the client to overcome the issue. However, one can’t expect an attorney to listen to their sorrows or pain of the client. Hence, it is important to understand the role of the Oakville family lawyer from the beginning.

Avoiding Red Flags

If you come across a lawyer’s website with full of negative reviews, it would be better if you don’t hire them. Going for them would be a waste of time. This is because they would make promises which they won’t be able to keep. Hence, checking out the testimonials is important when searching for a lawyer.

Ask Questions

When looking for Oakville family lawyer, ensure the attorney answers all key questions. If they don’t do or reply back your queries, simply avoid them.

Picking up the right divorce attorney would become easy with these steps. Hire a good attorney can get great results.

Can You Be Tested For Drugs At Your Workplace

As the legalization of marijuana is approaching legislators and politicians have been trying to manage the other aspects of this decision of the government. There can be a number of loose ends that they have to take care of. There can be a lot of problems once it is indeed legal. Employment lawyer in Toronto says that certain aspects have been taken care of such as, driving while high on weed, also the fact that there should be an age limit for the usage of the same. The guidelines regarding the manufacture and the buying of the product are all the different aspects that need catering to. But the biggest issues revolve around workplace conducts and rules.

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Effects on employment

There can be a lot of ways in which the standards of employment in terms of rules and regulations can be affected by this decision of the government. Safety standards are a huge concern for any and every organization says employment lawyer in Toronto. There are high chances that employees will feel okay about carrying marijuana with them to work and now they will have a legal justification for it. They might also say it is medicinal.

Imagine a truck driver on duty while being high on marijuana, can you even think about the dangers he will cause? That is the issue.

Some have suggested random drug tests at workplaces and that it be permitted by the government.

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But this will face a lot of challenges and it will not be easy to implement. There are no random drug testing laws that are available as observed by employment lawyer in Toronto although a person is not allowed to come to work in a state that is not sober. Except for those in the military drug tests at the random is hardly allowed. There have been attempts of making it legal in the past but all of them have failed miserably.

Privacy is what stops this from being implemented. Every employee has a right to demand privacy, plus a little THC in the body is usually not seen as harmful as far as legal standards are concerned.

But employment lawyer in Toronto emphasizes the fact that it is not completely impossible to do so. Drug testing can be done at the workplace. But there has to be some valid reason to do so, and cannot be done randomly.

All this are but random solutions that are being proposed as an alternative to legalizing drug tests at the random in workplaces. It is true that without a substantial reason like certain accidents or near accidents an employee cannot be persecuted by the employer. Plus legalizing of marijuana does not mean that everyone will be high at all times and even at work. Employment lawyer in Toronto says that it is expected from the employees themselves that they will abide by workplace etiquette and will not give way to any form of misconduct that might lead to discrepancies. Just try not to get high at your work, that is the only suggestion.

Ontario Government says that More Express Entry-Linked Draws with CRS below 400 is Possible

Some recent changes in the manner in which the minimum score for the Human Capital Priorities Stream for Ontario  is decided might result in further invitations which is eligible for the candidates of Express Entry with comprehensive ranking system scores that is below 400 says the provincial government.

Ontario Immigrant Nominee Program (OINP)’s spokesperson has stated that it is possible for the minimum Comprehensive Ranking System score is going to drop below the previous minimum threshold of the stream which was 400 points. Canada immigration lawyer have mentioned that the Human Capital Priorities Stream will allow OINP to look for the Federal Express Entry system for the candidates who cater to the eligibility criteria or some other factors.

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Last week, OINP had revised the stream application guide for stipulating the minimum CRS score which is now going to be determined by the director of the program.  Leading to the change, the province was known to hold three invitation round through Human Capital Priorities Stream which CRS to be reduced below 400 and also a drop which was 350. This draw was known to target the express entry candidates said Canada immigration lawyer with an Ontario job offer like the previous draw in March where the CRS minimum drop was 351. Another Human Capital Priorities draw in the month of March also saw that the CRS had dropped to 351 for all the express entry candidates who had French language abilities of CLB 7 or even higher. Neither French language nor a job offer is mandatory under the established criteria of Human Capital Priorities Stream.

Canada immigration lawyer have said that Ontario have taken the help of Human Capital Priorities Stream for targeting Express Entry Candidates with certain work experience as it had in the month of June drawing targeting information and also communication technology workers.  This draw is also known to have experienced a drop below 400.

The spokesperson of OINP has mentioned that the likelihood of minimum score to continue dropping below 400 is depended on various factors.

The Factors

Canada immigration lawyer states that the Ontario Immigration act grans the OINPs direction the power to set the minimum CRS score on the basis of the following factors.

  • The annual OINP nomination allocation is decided upon by the federal government.
  • The requirements of the present labor market of Ontario.
  • The minimum CRS score of the federal government which establishes the selection parameters of the Express Entry.
  • Other related priorities of Ontario immigration.

canada immigration lawyer

To be visible to the OINP when searching for the Express Entry Pool, Canada immigration lawyer say that candidates should express their interest in immigrating to Ontario or some other province or territories when they create the Express Entry profile. By doing so, it will allow OINP staff to know which are the candidates in the federal Express Entry system who has an interest in immigrating to Ontario.

If you are confused about the whole process, you can get in touch with an immigration lawyer. They have an idea about the entire process and will help you with the immigration program.

 

Things You Need to Know About Child Pornography and how to defend the charges

Toronto criminal lawyers define child pornography as the visual depiction by picture, film, computer image, or by some other means of an identifiable minor involved in a lewd or sexually explicit conduct. This includes pornographic images which were digitally changes and the image of an adult who is under the age of 18 when the image had been created.

Child pornography laws are known to prohibit, sell, distribution, or the possession of such images. With the advent of digital cameras and the internet, there has been an increase in the pornographic convictions.  When internet is related, child pornography might be charged as a federal offense.  Thus, it will result in federal prosecution and have to serve sentencing for imprisonment which includes lifetime sex offender registration.

toronto criminal lawyers

The charges for child pornography can be truly devastating due to the social stigma of the child sex offenders. Toronto criminal lawyers  know with spammy websites and computer, it is pretty easy to commit this crime.  For instance, if you check out an image on some website of a person you thought was an adult but actually below 18 years of age so that there is a chance that you will be charged with this crime.  Even some other person have used the computer to check out the unsolicited image for some unsolicited email that was sent to you that had the images, copies of the image are unknowingly be on the hard drive.

The possession of pornographic images might appear like a minor offense but this crime has to be taken seriously and has to be defended aggressively. At present, there is a nationwide hunt for sexual predators led by the sting operation, politicians, overzealous prosecutors, and the media. Computers, employers, and other employees sometimes have the right to view files on the computer and the federal officials are eager to prosecute these offenses.

criminal lawyers in toronto

Expert Defense for Child Pornography

When a charge of child pornography involves images which had been created, stored, or manipulated on a computer, the Toronto criminal lawyers  should have considerable expertise and experience in defense of cybercrimes and also crimes.  It is necessary to have a federal lawyer on the team when FBI chooses to pursue a criminal case against you.

An obvious choice is to strategy to deny that you knowingly possess or created pornographic images.  Toronto criminal lawyers  say that when it comes to pornography charges, there is no clear definition of what kind of images are considered to be pornographic. The subjectivity and means, through which the evidence had been collected against you, might be a significant part of the defense strategy.

You need to hire criminal lawyers who have a good track record against generating results for such cases. In order to level the playing field, top lawyers have to unite to provide a strong defense.

When you hire Toronto criminal lawyers  for your cases, you will not have to worry about anything. If you defend yourself, you are going to find yourself in tricky places since you might not have enough knowledge of the judges, prosecutors, and other important members of the law that you might have to face.  Moreover, an experienced lawyer is going to build a stronger strategy for handling the charges.

What are the Types of Work Permits in Canada?

Migrants often come to Canada for better job opportunities but in order to get a job here they require a work permit. There are a number of work permits to know about as summed up by Toronto Work Permit Lawyer.

Toronto Work Permit Lawyer

Open work permit

These are permits that do not pertain to any one kind of job. But there are a number of requirements that you need to take care of. Permanent residents can apply for this permit, their family members too can get this permit, Spouses of residents or international student can apply for a permit, refugees and their family can apply too, holders of resident permits, or workers who are here to participate in special programs can also apply.

Employer specific permit

This pertains to a specific employer that you have decided to work for according to Toronto Work Permit lawyer and for this you have to provide the employer’s name, the location and also the period you will be working for.

Eligibility

You must prove that once your permit is over you will leave the country. You must also show that you are financially stable enough to provide for both yourself and your family. You must not have any criminal background, and should not be a threat to the nation’ safety. You also need to pass a medical evaluation, and also you need to prove that you will be a part of a legal and respectable organization. Following theses few steps will help you get your permit according to Toronto Work Permit lawyer.

Qualify under NAFTA

NAFTA qualifies businesspeople under four groups, namely; Business Visitors, transferees of intra-companies, professionals, traders and investors.

Qualify under GATs

GAT stands for General Agreement on Trade. This trade promises to make business with Canada easier, and over 140 countries are its member. Three groups of people are seen as qualified by this agreement, according to Toronto Work Permit lawyer. The three groups include professionals, transferees and business visitors.

work permit lawyer toronto

Extension of work permit

There might be instances where you came to Canada with a job that you did not have long term plans for, but once you started working you started liking it. What do you do in such a situation? You would look for extending your permit. The first thing to consider is the date of expiry of the current work permit that you have. You need to make sure that you apply before the date of expiry of your current work permit. It is advised by Toronto Work Permit lawyers that you apply at least a month before the expiry date of your present permit for a seamless process. Otherwise there might be problems.

Getting a work permit is not impossible, all you have to really do is follow the rules, fit the criteria, have legal documents and identity proof and be an ideal citizen of the country as long as you are in the country. And seek legal help if need be.