Montreal Divorce Lawyers
Some people see divorce as a traumatizing ordeal, others see it as the opportunity for a new beginning. Whatever your approach, it is best to hire attorneys whom you can count on to advise you, guide you and represent you through this process. Whether it is a highly contested matter with issues of security for the children and vast amounts of assets that are claimed, or it is a simple uncontested matter where the two of you get along well and just need the paperwork to get done, it is important to have the right attorney at your side. The law firm of KALMAN SAMUELS – Attorneys has been consistently rated as being among the best of the Montreal divorce lawyers. By “consistently” we mean “for over half a century”!
The solid reputation of KALMAN SAMUELS – Attorneys is so well established that often other Montreal divorce lawyers will consult with us for a second opinion, for help with their own clients, or for personal reasons. Professionals in this industry recognize that KALMAN SAMUELS – Attorneys is a reference for divorce and Montreal family law matters.
We handle all aspects of divorce law
Sometimes, a person is not sure if they want to get a divorce. What they want is to evaluate their options and just to know their rights and what might happen to them if they do get divorced or separated. Sometimes, they just want monetary calculations done so that they can evaluate the financial impact, or have an idea of how the property might be distributed if they do go through with a divorce. Sometimes they know that they have to get divorced but want to know how the process will happen and they want to select very carefully the best law firm to handle their case. And sometimes, they are already in the process of a divorce but want to get a second opinion so as to make sure that everything is on track.
Whatever the case, our attorneys are available for consultations during which we can provide you with a verbal legal opinion and advice after having discussed the pertinent facts of your case with you. This service is available not only to clients but also to junior attorneys who need a bit of mentoring or even experienced attorneys who want to verify more complex areas of family law. Consultations with the firm of KALMAN SAMUELS – Attorneys have been a pillar of the Montreal divorce law community for many decades.
The first question that needs to be determined is whether the local courts have jurisdiction over the matter. Is this a Montreal divorce law matter, a Quebec divorce law matter, a Canadian divorce matter concerning other provinces, or a matter concerning other countries? Kalman Samuels, Q.C., the founder of our firm, was a long-time director of the International Academy of Matrimonial Lawyers and of the American Association of Matrimonial Lawyers. He was internationally recognized for decades as being the top choice in the Montreal divorce law field for questions of jurisdiction issues, local and international divorce law. This prominence helped the firm become the reference for Canadian International Family Law. The Team of KALMAN SAMUELS – Attorneys considers it a mission to continue that tradition of excellence to this day.
Once the issue of jurisdiction has been addressed, the next important question is whether or not a divorce is actually necessary, or the best option for you. Our dedicated attorneys can help guide you through a careful analysis of your best interests, the interests of the children, your financial situation, and other considerations. Alternatives to divorce can include coaching by a related professional, family counseling, mediation, negotiation, or an increasingly popular approach known as “collaborative law”.
For those families with children, child custody often becomes the most important matter to address. When this issue is contested, parents want the best possible attorneys for the sake of their children. Our firm is well known for the care, attention and expertise that its attorneys provide in all cases involving children.
International Child Custody
This area of the law is one of the most difficult for judges to adjudicate, and is one of the domains for which the law firm of KALMAN SAMUELS – Attorneys is best known. When one of the parties lives or wishes to live abroad, the Courts can no longer apply a typical compromise of shared custody such as having the children live with one parent one week and then with the other the next week. This works in Montreal family law if one parent lives in Hampstead and the other lives in Westmount. It does not work if one parent lives in Canada and the other lives in Australia. The Courts will have to make hard decisions in such a case and the result will inevitably prove painful for one of the parents. Our lawyers are trained and equipped to handle this type of challenging international family law case.
Providing and or obtaining the right amount of child support is a time-sensitive matter of utmost importance in any divorce where children are involved. Our dedicated team can move quickly to obtain emergency safeguard orders in this area and thereby help alleviate some of the stress associated with this aspect of divorce. Our lawyers will help you determine the right amount of child support by applying the Canadian Federal Guidelines or the Quebec guidelines, and they will explain to you which ones to apply and the reasons why.
International Child Support
Collecting child support from an unwilling payor in another jurisdiction can sometimes be a major challenge. On the other side of the coin, contesting child support orders when you yourself are in another jurisdiction and ordered to pay an amount that does not match your income can be devastating. When searching for Montreal divorce lawyers, please bear in mind that our firm has been dealing with this aspect of international family law for decades and our attorneys have written articles and delivered lectures on this topic on multiple occasions. The Law Firm of KALMAN SAMUELS – Attorneys continues to be a go-to reference in this matter.
In cases involving high and very high income clients, the issue of spousal support can have a major financial impact for both the payer and the receiver of the support. In cases involving medium or lower income parties, the question of spousal support can make a huge difference in the lifestyle that a person will be able to afford in the future.
International Spousal Support
Collecting spousal support from someone in another jurisdiction can sometimes be a major challenge. Contesting spousal support orders when you yourself are in another jurisdiction and are ordered to pay an amount that does not match your income can be devastating. Montreal divorce lawyers have to take into consideration the abilities of international parties to work and support themselves given that the Montreal area operates in two languages – French and English.
Division of Assets
A divorce entails the division of family assets. If the parties already agree as to what will go to whom, then this aspect of the divorce can be managed quickly and at little costs. If there is disagreement, then you need a well-informed attorney who can properly advise you in every respect of this potentially complicated aspect of divorce. With medium and lower asset divorces, questions such as “who gets the car” or “how much of the business is personal property how much is part of the matrimonial regime” can make a huge difference in people’s lives. In high and very high asset divorces where the division of property is hotly contested, proper diligence, knowledge of the law and attention to detail can literally save millions of dollars. The division of assets in Quebec and Montreal divorce law is even more complicated than that of most other jurisdictions because property is divided according to two different regimes – that of Family Patrimony and that of the chosen or default marital regime. This is an area in which you want dedicated experts to inform, assist and represent you.
International Division of Assets
In certain situations, when neither of the parties is domiciled in the Province of Quebec, it is possible that the rules pertaining to the matrimonial regime are not applicable and that the law of another province or country must be applied regarding the partition of the movable and immoveable property. Quebec International Private Law contains very accurate provisions dealing with this particular type of situation. Knowledge of the law in force in other provinces or countries is essential since the foreign law may contain less generous rules than the ones applicable in the Province of Quebec, or even more favorable rules for one of the spouses in some cases. Regrettably, no Montreal divorce lawyer knows the law of every other jurisdiction. The Firm of KALMAN SAMUELS – Attorneys, however, has over the years gathered together a dependable international network of legal and financial experts who can assist us in representing our clients’ interests in this complicated field of international family law, both in Canada and abroad.
Unlike other areas of the law, final judgments in family law are not necessarily considered ‘final’. Children grow up, health conditions vary and financial situations evolve. Certain circumstances can open the door to requesting a variation of certain corollary aspects of a divorce judgment. In Montreal family law matters, we apply the Canadian Divorce Act, the Civil Code of Quebec and the Code of Civil Procedures to determine what aspects of the judgment can be changed and when. As leaders in the field of international family law, our firm has often made jurisprudence in varying the orders of foreign courts. As Montreal divorce lawyers, we also handle purely local matters on a regular basis.
In some cases, the break up of a couple is accompanied by conjugal violence. Some victims of conjugal violence are afraid to report this crime for any number of economic, cultural, legal or psychological reasons. At KALMAN SAMUELS – Attorneys, we understand how this matter can be delicate and we recognize the importance of discussing with you and helping you with many the various options available in resolving this sort very difficult situation. If the client wishes to go ahead with a formal denunciation and accusation, then KALMAN SAMUELS – Attorneys can help you in this decision. In Superior Court, we set a record in 2018 for obtaining the highest civil damages ever awarded for conjugal violence in Quebec and in the rest of Canada. If there are criminal charges, we refer to and collaborate with some of the best criminal lawyers in Quebec. We can also take the time as civil lawyers to accompany our clients in criminal proceedings, whether they are the victims or the accused, so as to make sure that their rights are not overlooked and that they fully understand the implications of the process on their rights in their ongoing family law matters.
Because conjugal violence is such a serious matter, some people have sought to gain advantage in divorce proceedings by making up or exaggerating accusations against their former partners. This is a very serious problem that not only unfairly tarnishes a person’s reputation, but also reduces the sensitivity of the courts to genuine complaints. In other words, false accusation hurt everybody. At KALMAN SAMUELS – Attorneys, we have experience with this sort of strategy and are prepared to defend our clients against such false accusations.
In many family break-ups involving children, one or both parents will consciously or unconsciously try to turn the children against the opposing parent. In Montreal divorce law, this is an unfortunately common situation. If you and your children are victims of parental alienation, or if you are being unjustly accused of practicing this tactic, it is important to gather decisive proof so as to avoid falling into a “he said/she said” paradox. Since some parents resort to making false accusations in this respect the Courts are justifiably wary. Making false accusations with respect to parental alienation can and often does backfire against the accuser. Regrettably, even valid and well-founded accusations can sometimes backfire. At KALMAN SAMUELS – Attorneys, we are prepared to handle this delicate and highly emotionally-charged equation with the professionalism that clients expect from an industry leader.