1. Q: Can we be legally separated and still live in the same house? A: yes - speak to a lawyer for more information on whether you and your spouse qualify as "living separate and apart under the same roof".
2. Q: In a court case, do I have to have a lawyer or can I represent myself? A: you can act on your own, if you wish, but you will be expected to know the law and procedure just the way a lawyer is.
3. Q: Is my bonus part of my income for child support purposes? A: generally speaking - yes.
4. Q: Is a pension an asset (property) to be equalized between spouses (property subject to division)? A: yes, but special rules apply when the pension is also "in pay" at separation so please address this issue with a lawyer.
5. Q: Do I have to be in court when my case is argued? A: the answer depends on the type of hearing that is taking place. You have to be present for all case management hearings, that is Case Conferences, Settlement Conferences and Trial Management Conferences, and also, at Trial. Your attendance at Motions is generally speaking optional, unless you are giving live evidence (which is rare). There may be important reasons for you to attend a Motion in any event so speak to a lawyer about that issue.
6. Q: Can my wife and I just agree that we are divorced and not bother with court on this issue? A: no, you cannot. Only the court can grant a legal divorce so if you wish to be divorced, a court case will have to be started one way or another but it may be one which deals with the divorce only if you are able to settle all other issues.
7. Q: Can my husband and I have one lawyer and settle with their assistance? A: no, you cannot - each of you has to have separate representation unless this one lawyer is a mediator for you both, in which case he or she does not represent either of you (and give you separate advice). They only act as a facilitiator of a discussion between you.
8. Q: Will the court grant me custody of my dog if I ask? (this question is asked more often than you think) A: no - the court has no jurisdiction (power) to grant you or anyone else custody of a dog (in a family law case) and you will upset the judge by making this request.
9. Q: Can I bring a friend with me when my case is being heard by the court? A: - yes, you can but your friend may not be permitted to enter the courtroom while your case is being heard, depending on the nature of the hearing.
10. Q: Will the judge ask me questions during the hearing? A: that depends on the type of hearing and you should definitely explore that possibility with your lawyer. The general answer is: it is unlikely if you are represented by a lawyer, unless you are a witness at trial and these questions would be more administrative than anything else, for example: "did you hear the question posed by counsel?"
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