Divorce & Family Lawyer Hamilton
Family law decisions about parenting, property, and support can shape your future and your children’s well-being. If you are separating, divorcing, or facing questions about your family, having trusted legal support is essential. At Stephen Durbin & Associates, our Hamilton family lawyers guide you at every step. We clarify your choices and advocate for results that protect your family’s interests.
Our firm has earned the trust of Hamilton by helping families navigate complex legal issues. We have guided many clients through difficult family law matters across the region. We focus on clear communication and practical solutions, always putting your family’s needs first.
About Our Hamilton Family Law Practice
For over thirty years, Stephen Durbin & Associates has served families across Ontario. As a trusted Hamilton family law practice, we combine legal skill with genuine care. We listen to your story and explain your options in clear language. We stand by you at every stage. Our understanding of your personal situation lets us build legal strategies that fit your goals. If a court is necessary, we are ready to advocate on your behalf. courtroom advocacy, bringing a deep understanding of Ontario laws to every family matter we handle.
Our Hamilton Divorce Lawyers are Focused on a Clear Path Forward
Divorce involves more than paperwork. It reshapes your living arrangements, your finances, and your parenting responsibilities. Our divorce lawyers guide you through each stage and help make the process less daunting.
Uncontested Divorce: When both parties agree, we manage the documentation, coordinate filings, and ensure compliance with court requirements for a streamlined and cost-effective resolution.
Contested Divorce: Disagreements about children, finances, or property require strategic planning. We help you set priorities, gather all records, and negotiate for fair outcomes. If a court hearing is needed, we provide strong advocacy every step of the way.
Post-Divorce Adjustments: Your situation may evolve after divorce. Whether income changes affect support payments or require revisions to parenting schedules, our team of family lawyers handles variation applications and enforcement actions.
Our Family Law Services
in Hamilton
Our Hamilton family law team provides a full range of services, including divorce filings, financial disclosure, and courtroom representation. Whether your case is simple or high-conflict, we focus on fair and lasting results that protect your future.
Our team creates child-focused parenting plans that cover daily routines, school, holidays, and communication. Our goal is to reduce conflict and support your child’s relationship with both parents. We guide clients toward efficient resolutions through negotiation or mediation. If court intervention is necessary, we rely on clear evidence and the child’s best interests to advocate for your rights.
We work with parents to build practical plans that keep your children’s needs at the forefront. Our goal is to support stability and help your kids keep strong relationships with both parents. If it is not possible to agree, we will present your position to the court, always keeping your child’s best interests in mind.
Navigating federal and Ontario rules takes accuracy. We calculate child support and Section 7 expenses like childcare and tutoring. We provide clear financial disclosures and track income changes to help parents avoid mistakes and ensure payments remain fair.
We carefully review all the numbers to ensure child support is fair and truly fits your family’s needs. If life changes like a new job or new expenses, we can help you review and update support arrangements so they stay fair for everyone.
Spousal support calculations depend on your unique situation. We determine realistic expectations, explain tax and financial impacts in plain language, and pursue fair arrangements that provide financial security for your next chapter.
Ontario laws treat marriage as an economic partnership. When it ends, property accumulated during marriage is equalized. This requires valuing the family home, investment accounts, pensions, business interests, vehicles, and debts at the time of separation.
Our Hamilton team guides you through Ontario’s equalization process. We handle the valuation and division of assets including homes, pensions, businesses, and professional practices. We ensure full disclosure so your settlement stands up over time.
Whether you are married or in a common-law partnership, clear legal agreements help prevent disputes later. We create separation and cohabitation agreements that define property rights and support obligations, so you have legal certainty and peace of mind.
Litigation is not the only option. Mediation and negotiation often yield better, more affordable results for families. We build a clear plan, organize your documents, and help you reach realistic settlements. If agreement is not possible, we are ready to litigate on your behalf.
We’ll help you get ready for mediation by talking through your priorities and ensuring you understand your rights and what’s realistic. If mediation is not safe or a fair agreement can’t be reached, we are ready to stand by you in court.
A court becomes necessary when a settlement isn’t achievable. Ontario family law litigation involves structured steps: applications, financial disclosure, case conferences, settlement conferences, and, if necessary, a trial. Each stage has procedural requirements and deadlines.
When negotiations fail, and your rights are at stake, our experienced litigators provide strong court representation. We manage every phase from drafting pleadings to trial advocacy, keeping you informed with clear timelines and strategic advice for parenting, property, or support disputes.
Why Choose Our Family Law Services in Hamilton
Experience That Delivers Results: More than three decades of family law practice have equipped us to handle matters from straightforward agreements to contested cases involving complex business assets. This experience allows us to anticipate challenges early, manage our legal budget wisely, and maintain momentum throughout our case.
Clarity at Every Decision Point: Legal processes do not have to be confusing. We break down complex concepts into simple language, ensuring you understand your situation, recognize why each step matters, and know your available choices.
Strategic Settlement, Strong Advocacy: Many family law matters can be resolved through mediation or collaborative negotiation, saving time, costs, and emotional energy. When settlement is not possible, we provide focused, assertive advocacy in court.
Responsive and Reliable Service: Your matter deserves attention. We respond promptly to your questions and provide clear guidance at every stage, so you always know where your case stands.
Legal Services In Family Law
We have several offices conveniently located in the heart of each city located across the GTA
Custody and Access
“Custody” refers to parental decision-making in relation to children in four major areas: health, religion, education, and major recreational activities. Custody can take several forms: Sole custody, where one parent is responsible for all decision-making; Joint custody, where parents make decisions jointly or through parallel parenting, wherein one parent is responsible for some decisions (e.g. […]
Disclosure and Failure to Disclose Assets
The importance of full and frank financial disclosure cannot be understated: it is the cornerstone of financial issues in family law. Parties are required to provide all financial disclosure openly and honestly during negotiations, mediation, arbitration, or litigation. Courts do not look kindly upon people who hide, deplete, or fail to disclose assets in order […]
Enforcement of Orders
For many, having a court order in hand finalizes the underlying issues of a family law matter. Unfortunately, in some circumstances court orders are disobeyed or disregarded. Custody and access orders that are not being followed could give rise to the offender being held in contempt. A contempt finding may result in fines or imprisonment. […]
Equalization of Net Family Property and Property Division for Married Spouses
This applies only to married parties. In Ontario, marriage is treated like a business partnership. When the marriage ends, the assets accumulated during that partnership are subject to a process called “equalization.” Equalization attempts to ensure the assets are reviewed so that each party leaves the marriage on equal financial footing. Generally speaking and following the exchange of full and frank financial disclosure, both parties calculate and compare the growth in their respective net worth from the date of marriage to the date of separation. The individual with a higher net worth must give to their estranged spouse one half of the difference so that the parties are in an equal financial position in the context of the relationship.
Grandparents’ Rights
Under some circumstances, grandparents can apply to a court for custody, access, and/or child support for a child (in cases such as if a parent dies, is unavailable, is an incredibly poor caregiver, or if the grandparents previously cared for the child and their access was cut off). It is most common for a court […]
High Value and Complex Assets and Income Streams
Complex income streams and assets comprised of partly or wholly owned corporations, employee stock options, offshore holdings, securities, trusts, pensions and so forth, can add a layer of complexity to a family law matter. Understanding how to deal with these assets and incomes in a family law context can be difficult, particularly considering the financial […]
Independent Legal Advice
When you’re ready to sign a domestic contract, like a separation or cohabitation agreement, you might feel worn out from negotiations and disclosures. However, rushing to sign can lead to issues. After investing time and effort, it’s crucial to aim for the best standard in domestic contracts. Independent legal advice is key to achieving this. […]
Joint Venture and Trust Claims
Although common law spouses do not share property in the same way as married spouses, it may still be possible for a common law spouse who accumulated less wealth to make a claim against a common law spouse who accumulated greater wealth over the course of the relationship. Stephen Durbin and Associates can help clarify […]
Maintaining Child Support and Section 7 Expenses
Child support are the periodic payments made by separated parents to the other parent, for the day-to-day expenses associated with raising children. The Federal Child Support Guidelines require monthly child support payments from any parent whose children spend more than 60% of their time with the other parent. In matters where the children spend roughly […]
Marital Fraud
Marital Fraud: If your spouse deceived you as to his or her identity or marital status (i.e., that he/she was actually married) when he/she married you, you may have grounds to dissolve your marriage and seek an annulment as opposed to a divorce. An annulment and a divorce are two distinct legal concepts. An annulment […]
Mobility
A mobility issue arises where one parent wishes to move to a distant, new residence with the children. This is among the most complex issues in family law, given that relocation will inevitably affect the non-relocating parent’s access rights. In determining whether to allow a parent to relocate, a multi-factor analysis is applied to many […]
Same-Sex couples
The dissolution of a marriage or common law relationship between same-sex parties is treated identically to that of an opposite-sex couple. Under s.2 (1) of the Divorce Act, the definition of spouse is “either of two persons who are married to each other,” but “spouse” can have other meanings in family law. The definition of […]
Spousal Support
Following separation, one party of a married or common law couple may be required to provide financial assistance to the other party by paying spousal support. Depending on the situation, the purpose of spousal support may take different forms, including helping ease the transition of the lower-earning spouse into a life of greater independence; providing […]
Variation of agreements and orders
It is common in family law for the terms of a separation agreement or a final order to need to be changed at some point. A variation in an order is appropriate where there has been what is known as a “material change” in circumstances (and had that change been known at the time the […]
Guiding You Through Divorce & Family Matters In Hamilton
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Prioritizing Mediation: Court is not always the best first step. Many families in Hamilton find better solutions through mediation or negotiation. This is often faster, more affordable, and gives you more control over your outcome.
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Equalizing Property: Married partners share equally in the value of property accumulated during marriage, regardless of whose name appears on the title. This includes the family home, often raising questions about how the matrimonial home is divided, as well as pensions, investments, and debts, with limited exceptions for certain inheritances and gifts.
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Transparent Financial Disclosure: Fair family law outcomes require open and complete financial information. We help you organize and review financial documents so decisions about property, spousal support, and child support are based on facts.
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Customized Separation Agreement: If both parties agree, we prepare a separation agreement that clearly reflects your arrangements and provides a solid foundation for moving forward.
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Litigation when necessary: If resolution cannot be achieved and court involvement becomes necessary, we represent clients before the Superior Court of Justice. We approach litigation thoughtfully, recognizing its financial and emotional impact.
What Our Clients Say
“Choosing SDA was the best decision we made. Their team truly cares about their clients.”
Noah
Stephen and his team helped my parents settle their divorce ammicably after 20 years of separation! I am glad I didn’t have to mediate or take sides – really appreciate all the hard work that was put into my family’s situation and that we can all put it behind us.
I contacted Stephen some time ago with a problem I was having with my business. My landlord wanted to buy me out of my lease. Business was pretty bad anyway so I was almost willing to take a very small amount that he offered $68,000 (all numbers expressed here are in current value dollar amounts).
Mariusz Cnota
I have the honor to express my deepest admiration for the work and exceptional professionalism of Stephen Durbin. He is not only a brilliant lawyer but also a person of impeccable reputation, remarkable intelligence, and a rare sense of justice.
Stephen Durbin embodies the qualities that distinguish true masters of their profession: outstanding competence, strategic thinking, impeccable tact, and genuine respect for every individual. His approach to every case is thoughtful, precise, and rooted in a profound understanding of the law. He has a remarkable ability to identify the essence of even the most complex legal situations, make balanced decisions, and defend his position with dignity and strength. Thanks to his professionalism and dedication, many people have received not only legal protection but also restored confidence in justice.
Stephen Durbin is a lawyer you can trust without hesitation. His name has become a symbol of reliability, intelligence, and the highest standards of legal excellence.
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Craig
My initial consult went very well. Lisa took extra time to listen to the merits of my case, offered me meaningful short and long-term advice and gave me the confidence to proceed with SDA for my family law needs.
Annette
I had Stephen Durbin represent me in my family law matter. My matter was a bit harder because my ex lived out of Province and I had no contact with him for many years.
If you are looking for top-quality representation – then Stephen Durbin & Associates is right where you need to be. From day one they gave me peace of mind during a very difficult time in my life. When I had met briefly with Stephen during my consultation, I was told that I could trust them to take care of me with my family law matter. Nazifa Islam and her team – Hope and Chyvonne – were extremely professional, efficient, and completely transparent throughout the entire process. I needed someone attentive. I needed someone to advocate for me and my son. I needed this team – and they exceeded my expectations! They went above and beyond for me and not once made me feel like I was just another “File Number” to them. They were always available when I had questions or concerns, and truly made me feel at ease. Nazifa was brilliant and very knowledgeable; I was lucky to have her by my side. She advised me through my separation agreement, always pursuing not just what I wanted but what was in the best interests of me and my son. The outcome was in my favour. Stephen Durbin & Associates gave me a voice when I felt silenced. Worth every single dime!! I highly recommend.
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George
What a difference an experienced lawyer does make. With Stephen, It was a legal experience, but it was also therapeutic in some ways because he seemed to know exactly what I was going through and his confidence gave me confidence through the process. Can’t thank him enough. It’s great to move on.
Nancy
Stephen is my go-to lawyer during difficult times. His knowledge, wisdom, and expertise is simply unparalleled. He puts you right at ease and knows exactly how to handle any situation. Thank you for all your help.
Divorce in Hamilton: What to Expect & Family Law FAQs
Government-issued ID, income documents, existing court orders or agreements, and a summary of assets and debts.
While not mandatory, legal assistance helps ensure the accuracy and enforceability of agreements.
We document your terms in a legally binding separation agreement and handle court filings.
Mediation brings both parties together with an impartial mediator to negotiate solutions outside of court. It’s typically more affordable and faster than litigation while giving you greater control over outcomes.
Many cases resolve without ever seeing a courtroom. Through strategic negotiation, mediation, and well-drafted agreements, most families reach settlements. Court intervention becomes necessary only when agreement isn’t possible or urgent matters require judicial orders.
Duration depends on how complicated the issues are, the pace of disclosure, and whether a settlement is reached or the matter proceeds to court. We provide an initial plan and keep you updated on expected timelines.
Ontario family law focuses on decision-making responsibility and parenting time rather than traditional custody language. Courts examine which arrangement serves the child’s best interests, weighing factors such as each parent’s involvement, the child’s preferences, continuity of care, and each parent’s ability to foster the child’s relationship with the other parent.
Yes. Child and spousal support may be modified when income or circumstances change significantly.
Speak With a Hamilton Family Lawyer Today
Our Hamilton office at 1 Hunter Street East is exceptionally transit-accessible, just a 2-minute walk (140 meters) from the Hamilton GO Centre. Drivers will find convenient connections via Highways 403, QEW, 8, and 6, easily accessible from Toronto, Burlington, Stoney Creek, and the Golden Horseshoe. We also offer phone and video consultations when in-person meetings aren’t convenient.
You do not have to face this alone. Talking to our family lawyer can bring clarity and peace of mind. We will listen, answer your questions, and outline your next steps.
Call Stephen Durbin & Associates to book a confidential consultation. With over thirty years of experience and a caring team, we are here to guide you through divorce, parenting, support, and property division.
Call +1 855 694 5222 or reach out through our website to protect your future and your family.
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Locations
#Firm Locations Near You In GTA
We have several offices conveniently located in the heart of each city located across the GTA
1-855-694-5222