Mongillo Law - Experienced Family & Divorce Lawyer

Mongillo Law Professional Corporation is a boutique law firm located in Richmond Hill, Ontario. As a smaller firm, our clients get an individual, client-focused approach. We offer flexible appointments based on your schedule, including outside of regular business hours and on weekends. With a dedicated team of family law professionals, each client receives a unique plan to achieve their goals and protect their interests.

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Leo Mongillo Law - How to Maximize Your Divorce Right

For many individuals, divorce is frequently exceptionally undesirable, close to home, and warm. This is because there is an all-out breakdown in the marriage that is destroyed. When these sorts of circumstances start, possibly one of the two players will participate in blame-shifting regarding who is to blame for not making the marriage work. While these circumstances are most likely upsetting, it is critical to recall that you truly do have specific divorce rights that should be regarded by your prospective ex and their lawyer.

Understanding what these points are will assist with guaranteeing that you get what you are legitimately owed from the marriage. You can get to know more from  Leo Mongillo Law.

Divorce Rights

A significant part of divorce privileges is that they can differ from one state to another. This is fundamental since a portion of the overall differentiation could help pretty much you out contingent on where you reside. Monitoring what the divorce law says in your state can be in support of yourself before you start the cycle from that point forward you will understand what you can expect and where you must arrange. You can know more with Why You Need Leo Mongillo to Help You in a Domestic Violence Situation.

Property

Notwithstanding who bought what bits of property during the marriage, you are qualified for your reasonable part of the property that was amassed. To figure out who gets what, the courts will utilize property local area law or impartial law dissemination. This is significant because under the two qualifications you are qualified for a specific measure of property that was gathered during the marriage, under the law in pretty much any state.

Provision

Some of the time throughout the marriage one companion will be in an ideal situation monetarily than the other. The divorce will just objective difficulty for the party who doesn't have the schooling or monetary means to help themselves in the lifestyle they were accustomed to during the marriage. If you feel that you are confronting such a circumstance with your divorce, you might need to examine this divorce right with your lawyer. As of now, they can let you know what your specific freedoms are under the laws of the state in which you live.

One of the subjects that you might see from the conversation above is that you want to understand what your privileges are, and those freedoms fluctuate contingent upon a wide range of factors. Be that as it may, knowing quite a bit early what to expect because you understand what the law says regarding specific circumstances will surely be for your potential benefit eventually.

When you are going through a divorce the interaction can be exceptionally confounding, close to home, and upsetting. This is a result of the sobering reality that affection between two individuals can't be fixed. Subsequently, hostility has been referred to be at significant levels as the two players attempt to out-move each other during the cycle. However, you in all actuality do have specific divorce freedoms that should be regarded. Above are only a couple of the many divorces freedoms that you have. These privileges are essential to guaranteeing that you get what you are legitimately owed from the marriage with Mongillo Law.

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Mongillo Law Talks About How Legal Experts Help Safeguard the Interests of Children In a Family Law Matter

Legal matters that arise from family disputes and are registered with the family court are extremely common. There are a lot of instances where families end up warring each other over belongings, property, wills, marriage partnerships and more. However, the real trouble brews when there are children involved in the issues. When children are dragged into family issues especially those between married partners or divorced parents, the little ones tend to be most affected in an adverse manner. The children have to be provided with special help so that they are able to cope with the environment that they have to face. It is for such reasons that people filing family disputes in the federal court should seek and hire the best experts in the arena of family law like Mongillo Law - Lawyers in Richmond Hill, Canada.

The right law firm and the right lawyers like Leo Mongillo have an extremely important impact on the way in which children are able to get through a case that is being heard and resolved in the course of law. When you are aware about the ways in which the right lawyer can impact a child stuck in a court case, you can make a better decision in picking a lawyer, if you ever have to pick one. Here are some of the ways in which you can be sure about getting the best help in handling a child through a case if you have the right lawyer:

Dignity for the Child or Children:

In cases of family dispute while the children in the case may already be disturbed, they may get even more flustered when they are required to come forth in court for any reason. It is at such times that the right lawyer will help the child feel a level of comfort and dignity as they face the court. This is something that is important because it is highly unlikely that children may have any such experience in the past.

Training the Child to Not Fear the Court:

The proceedings of a court may be overwhelming for children and a lot of them may feel a sense of fear, which is something that can affect the way in which they present themselves. However, if you have a gentle, affectionate and understanding lawyers such as those at Mongillo Law - Legal services in Richmond Hill, you can be sure about the children being much more fearless and confident in court. The factor of fear gets eliminated from the mind of a child when they have the support of the right kind of legal experts.

Age Appropriate Behaviour:

A lot of times, there are family law disputes in which pre-teens or adolescents are involved. These are children from age groups that usually find themselves identifying more closely with the adults, which means that they need to be treated with age appropriate maturity when they are getting ready to go to court. The right professional legal counsel like Leo Mongillo Law helps make sure that children are treated in an age appropriate manner when they are involved in a court case.

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Mongillo Law - Roles, Responsibilities, and Types of Family Lawyers

Family law firm Like Mongillo Law listen and solve the legal issues between family members. The lawyers' counsel, guide, and prepare the clients for any lawsuit or case. The lawyers prepare documents, carry out research and supervise any sessions for mediation. Lawyers attend hearings and trials on behalf of the clients.

The lawyers also manage the family estates and wills of their clients. The lawyers help their clients through all thick and thins. Family lawyers are flexible with their timings.  Read to know more Leo Mongillo Law Firm: Your Best Aid to Deal with the Stress of Divorce.

Role and Responsibilities of a Family Lawyer:

Resolving issues - The family lawyers work closely with the family members. They help the family with all disputes and conflicts arising among family members. Problems like divorce, marriage, separation, child custody, prenuptial agreements, division of property, etc., are discussed with the family lawyers. 

Advisor - A family lawyer is aware of the situations and tensions between family members. The members seek advice from lawyers on trivial and vital matters. The family lawyer keeps the clients updated about their legal rights and duties to avoid lawsuits. 

Researcher - The lawyers want the best for their clients. Documents and conducting research in the foremost duty of a family lawyer. They must provide the client with the best possible approach to any problem.  

Types of Family Lawyers:

Civil Lawyer - Civil disputes are non-criminal disputes between people and organizations. It is concerned with property and its legal proceedings. They solve issues and problems that occur between private businesses and outsiders. Civil offenses generally involve money that a person owes to another. Civil lawsuits can be of different natures like contracts, wills, real estate, etc.

Criminal Lawyers - Criminal lawyers need to know the law like the back of their hands. They work with their client to ensure a favorable outcome for them. They use the loopholes in the sections of the law to protect their client. They plan and strategize to ensure that the court is in favor of their client.

Corporate Lawyer - A corporate lawyer represents a company or an organization. A company is a legal entity and treated separately from its management and shareholders. Companies have to adhere to many laws and regulations. There are times when the company fails to follow these rules. A corporate lawyer tries and solves legal disputes outside court or represents the company in court. They work with the corporation to avoid any legal problems. The lawyers draft contracts, work with the team on mergers and acquisitions, do the paperwork even before the company gets formed, etc. A corporate lawyer deals with different scenarios and has to learn to keep up with the changes in the law.

Legal Advisor - A legal advisor provides legal advice to enterprises or employees. They do not participate in lawsuits and court hearings. 

A family lawyer works out the best possible path for disputes within the family or third party. They try and solve the problem outside court. Collaborative law helps the family solve the issues without involving the court. The parties and their lawyers sit together to find the best possible solution to the problem. Leo Mongillo is a seasoned collaborative lawyer. 

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Mongillo Law - The Role of Adoption Centers

 Adopting a child can change a person’s life. Children bring happiness into our lives. People may choose to adopt children from adoption centers. The centers are non-profit organizations that help orphan children in finding new families. The adoption centers work with other government organizations to ensure that the child goes to a family that will love and nurture the child. The process of adoption is long and needs paperwork. A family lawyer can assist in the adoption process. Read for more Leo Mongillo - How Does a Parent Know Whether they are Eligible to Receive Child Support?

Roles of an adoption center for the children

To ensure that the child is healthy- Children brought to an adoption center must get a complete medical check-up. The center must call a pediatrician or a doctor for a medical check-up. The people at the adoption center have to prepare a medical report and upload the same on the government’s website that contains the information about these children.

Maintaining Records- The adoption centers have a record of all children admitted, transferred, adopted, and dead. If a child goes missing from the institution, the concerned authorities must be alerted. 

Be responsible for the child- A child comes to the institution, not of his free will. The institution must take responsibility for the safety and welfare of the child. The centers have to take care of the emotional, psychological, physical, etc. The authorities must ensure that the child faces no abuse within the institution. The center must prepare the child for the adoption process so that the child accepts his new family. 

Submit status- The center must submit reports regarding all orphans and abandoned children to the authorities. They must also submit certificates and other documents that declare the child legally free for adoption.

Work in liaison with the social worker- A social worker is the one who brings the child to the adoption centers. The institution prepares the child’s report with the social worker to understand the circumstances under which the child came to the center. 

Album- A child should always have something to call his own. The institution prepares an album with photos of the child, his hobbies, and other interests. The album is handed over to the adoptive parents when they pick up the child. 

Sincere concern- The adoptive center is all the child has after being orphaned, abandoned, or surrendered. The center must ensure that equal effort is to send each child to a happy home. The center must care for the child as they would care for their own. The workers in the institution must ensure that the child reaches the hands of people who would care for him. The institution must also try and place siblings in the same family.

Encourage interaction- If the need arises, the adoption center must encourage interaction between the child and prospective adoptive parents. Interaction helps the child open up to the parents. The parents also learn a lot about the child through these conversations.  

The adoption centers have a lot of roles and responsibilities. A family lawyer aids people who are considering adoption to expand their families. Mongillo Law firm helps prospective parents with the paperwork and legal formalities for adopting a child. 

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Children’s Rights Explained By Leo Mongillo

Children have special rights like the adults. Children are not helpless and weak. Children are human beings that have the right to their rights. Children are adults in the making. Any policy and law that the government makes an impact on the children. 

The following are the rights of the children:

Right to Non-Discrimination- Like adults, children have the right to equal treatment regardless of caste, color, gender, physical appearance, etc. Children with special needs have the right to accommodation. Refugees from other countries also have the same rights as the children born in the country. 

Right to Family- All children have the right to live with their families. The family should be a place where the child feels safe. There should be a sense of belongingness and attachment. Nobody can take the children away from their parents unless there is proof of domestic violence. 

Right to Health Care- Every child deserves to live. Governments help families that do not have enough money to afford healthcare. The children should learn about hygiene and cleanliness. They have the right to receive nutritious food, clean water, clothing, etc. The children are the future citizens, and the government must take care of them.

Right to Protection- The children have the right to be protected from physical, emotional, and psychological abuse. The children are allowed to approach a third party in case of abuse. They can seek legal help, and the abuser must receive punishment.

Right to Identity- All children born in the country are registered as soon as they are born. The government must have records of all the children born. The certificate allows the child to have a separate identity as a citizen.

Right to Education- In most countries, primary school is free for all children. It is the right of the child to receive at least some education. Without education, they will not become responsible citizens of the country. They will become a liability to the country rather than an asset.  

Right to Freedom of Thought- Children have the right to an opinion about a subject. The children are free to express their views, provided the actions do not harm others. Children have the right to think about their well-being.

Right to Information- Children can receive data from multiple sources like the internet, television, radio, etc. Parents must encourage children to absorb all the information  available.

Right to Privacy- Children have the right to privacy. The government can under no circumstances publish any private document of the children. 

Right to Access to Arts- An overall development of the child is necessary. The children have the right to access cultural and creative activities.

Right to Reparation- The children have the right to rehabilitation and reparation. They have the right to receive help to overcome their pain caused due to trauma, separation from parents, etc.

Responsibility of the Government- The children are the responsibility of the government. The government must provide the children with an environment where they can grow.

The family lawyers like Mongillo Law Firm help children fight for their rights. The attorneys can represent the children in court if the necessity arises.

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Leo Mongillo - Services Provided by The Government to Solve Divorce & Separation Matters Outside Court

Some states provide family justice services to help couples resolve family issues without involving the court. Divorce or separation is difficult for everybody. It leaves the person devastated. 

Information and resource centers in the states provide information about family issues without charging fees. The employees at the centers are not allowed to give the person any legal advice. They can only give out the forms and explain the steps of the law. People should approach Leo Mongillo as a family lawyer to help them through the difficult separation phase.

Three ways in which the couple can resolve their issues without involving the court:

Using a Mediator: The couples present their point of view in front of a neutral third party. He will not benefit from any decision taken by the parties. He must remain unbiased. The mediator encourages a flow of conversation between the partners. The partners discuss their problems with the mediator. The mediator is allowed to give suggestions but not pass any judgment. The parties can reject the solution. The mediator only makes suggestions that help the two parties reach an agreement. The mediator is not allowed to give any legal advice. He is not a replacement for a lawyer.

Using an Arbitrator: An arbitrator is a professional that helps the separating couple. The arbitrator listens to both parties and tries to resolve the issue. The arbitrator, like the mediator, is a neutral party. The parties agree to let the arbitrator decide what is best for them. The decision of the arbitrator is legally binding and cannot be changed. The government does not provide arbitration services. The payment for the services provided by the arbitrator is to be made by both parties.

Collaborative Law: Family lawyers always try to solve the issues without involving the court. Each party appoints a lawyer. The lawyers discuss matters on behalf of the parties to find a solution. The couple saves a lot of money and time by solving issues outside the court. The lawyers do not represent the clients in court if their collaborative solutions do not work.

Other services offered by the provincial governments:

Lawyers and other social service agencies conduct seminars and education programs to help couples after divorce. The programs help the individual deal with the emotional turmoil after divorce. They teach people to pick up their lives and the lives of their children after separation. The programs help overcome parenting challenges that a person can face after divorce or separation. The parents must learn to communicate when they decide to co-parent. Any animosity between the parents can affect the child. The parents must learn to resolve their disputes without involving the child.

Most lawyers offer their clients the option of solving family issues through collaboration. Leonardo Mongillo of the Mongillo law firms is a certified collaborative lawyer. He listens to the client and guides them through the complex family laws. The lawyers at Mongillo law firm are good listeners. They act with the best interest of the client in mind.

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Mongillo Law - How Family Laws Work in Favor of Children of Divorced Parents

When a couple gets separated from the bond of marriage, not only the partners but their child or children also get affected. That innocents life is left with no other option but to choose either one of their parents if they are mature enough or be at the mercy of the court as it decides what is best for and in favor of the child. When parents have the best interest of their children in view, they should engage a family lawyer that they can trust. An experienced lawyer like Leo Mongillo always chooses the best grounds on which a custody should be given.

The innocent life should not be at risk in any of the circumstances, ideally both the partners should decide custody matters mutually. It's not about the ego but to provide the best nourishment to the child. If there's more than one child then the court usually decides to keep them together. The child custody is given to the most suitable and non-toxic environment.

Courts decide the custody

According to Canadian law, until the courts decide otherwise, both parents have equal rights to raise children in any way that they deem right. However, for the court to decide in your favor while granting custody after the divorce is complete, it is important for you to have appropriate and adequate representation in the court of law. When you have the right lawyer representing you can present your side of the case with much more clarity and positivity.

In Canada, as in many other countries, the courts focus on only one issue in child custody cases: determining in their discretion what is best for the child and granting custody of the child in a proper manner.

- Financial and emotional capacity of each parents

- If the child is mature enough to choose the parent, the court ask the child

- Court tries to minimize the disturbance in child's life

- Court tries to keep the siblings together

General Views of Courts

The picture painted above shows that there are too many factors the court will use to determine a child's interests.

- A homemaker partner would gain the custody of child over a working partner.

- Better Living arrangement for child.

- A non-toxic environment

In such matters the court sees both the parties without any partiality. The courts never show any bias in any matters, much less in matters that relate to the wellbeing of children. Either the husband or the wife, whoever fulfils the requirement properly can contribute together by deciding a place mutually and provide their children a healthy environment for their future. Law firms like Mongillo law firm practices especially in family related matters and works best for the favor of the innocent children caught between distanced parents. The law has covered all the circumstances for the betterment of children. It's the responsibility of each parent to cooperate with the legal system and jeopardize the future of the children because of their personal issues.

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Mongillo Law - Impact of Family Law on Broken Families

In this fast growing world everyone is busy trying to grow each and every day at the same time they also wish to go home at the end of the day and spend some quality time with their loved ones and children. But not everyone is lucky enough to enjoy that pleasure at the end of the day, the ones who are not able to adjust with each other’s taste, habits, choices and everything else need to separate for their own sake and the sake of the people that are connected with you.

The Family Law Act (FLA) is Alberta's main family law. It came into effect on October 1, 2005. It covers most family law matters, except for divorce.

Sometimes the pair which were meant to live together for life, end up on bad terms and it impacts both the sides and the children (if any).

To protect the rights of both the parties laws and legislation have covered every aspect of a broken family. The law helps to decide the custody of that innocent child or children who may have no idea about his/her future. The legislation decides the best for the development and nourishment of that innocent child. As believed by experts like Leonardo Mongillo when two people leave each other it's not only about those two people but every other person that connects with them.

The law is made in such a way that it focuses more on resolving the issues rather than supporting them. Both the parties should be living separately minimum for a period of 1 year before filing for a divorce petition. And once the petition is filed the court gives a period of 4-6 months for a last chance for solution, if not then the court proceeds with the divorce process.

It considers each and every factor suitable for both the sides, it ensures the best place for the future of the child (if any). If there is a major parity of income between both the parties, the law helps decide the alimony to be given by either party to the other.

If the Separation is not consensual from the either party, it decides the separation on the basis of different grounds. Few grounds on which the legislation decides include:

- Adultery

- Desertion

- Insanity

- Conversion

- Renunciation

- Cruelty

- Venereal Disease

-Presumption of Death

It also plays a vital role in deciding the percentage of contribution to be made by both the parties for the future of the children involved in the case. Irrespective of who gets the custody of the child but the contribution is to be done by both the sides. It includes all the aspects including the education, co-curricular activities, interests and hobbies of the children and more until the child or children reach adulthood.

In family related matters, both the parties try their level best to appoint the best possible professional to represent them in the court. Mongillo law firms is a great example of dealing with family matters with a very good ratio in major cities of Canada.