Social Media and Divorce: Possible Impacts on Your Separation

Social Media and Divorce: Possible Impacts on Your Separation

A growing way to find divorce evidence is social media. Being mindful of what you post before, during, and after a proceeding could improve your chances of an agreeable outcome.  In a previous post, we shared some quick tips about using social media during a divorce.  In this post,  Olivia Giacobbi, a Fresh Legal intern from the University of Ottawa law school, discusses some ways social media can impact your divorce.

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Your Safety: Restraining Orders

Your Safety: Restraining Orders

Your separation may have been the result of domestic violence, or your spouse's behaviour may have become violent since the separation. It is not unusual for a spouse to feel they are in danger leading up to or following a separation. If you do not feel safe, you may want to apply for a restraining order against your former spouse. This post, by our intern, Xinya Wang, reviews what restraining orders are and some of the process around them.

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Civil Damages and Divorce: The Tort of "Intrusion Upon Seclusion"

Civil Damages and Divorce: The Tort of "Intrusion Upon Seclusion"

It’s important to respect your partner’s privacy, both during and after separation or divorce proceedings. While it may seem tempting to go through your partner’s personal emails, social media accounts, or financial records, according to a 2012 case from the Ontario Court of Appeal, your partner can now make a civil claim for invasion of privacy.

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Court Procedure: Urgent and Emergency Motions

Court Procedure: Urgent and Emergency Motions

In a typical family law case, you must follow the established court procedure before you can bring a motion asking a judge to determine an issue, including attending Case Conference.  At the case conference, the parties have a chance to discuss the issues in the case and the possibility of resolution before proceeding to trial. Under the Family Law Rules, you can not bring a motion for temporary relief until after you have attended the case conference, but there are some narrow exceptions in the case of urgency or hardship.  

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Exclusive Possession of the Matrimonial Home

Exclusive Possession of the Matrimonial Home

An exclusive possession order allows you to live in the matrimonial home to the exclusion of your spouse.  A spouse will sometimes apply for an Order for exclusive possession when there are safety concerns, or there is a great deal of conflict or tension in the home.  How can you apply for exclusive possession?  What will the court consider?  And what are some of the consequences of such an Order?

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