Where is family court in Hamilton?

At 55 Main Street West, downtown. Hamilton has what is known as a unified family court, the Family Court of the Superior Court of Justice, so every family law issue is heard in the same building, from divorce and property to parenting, support and child protection.

How long does a divorce take in Ontario?

If neither spouse is contesting it, a divorce usually takes a few months from filing, depending on how busy the court is. Once a judge grants it, the divorce becomes final on the 31st day after the order is made. A contested case takes longer, depending on what is in dispute.

Do we have to be separated for a year before getting a divorce?

In most cases, yes. Canadian law grants a divorce when a marriage has broken down, and the usual way to show that is to have lived apart for at least one year. You can start the court case before the year is up, but the divorce itself cannot be granted until it has passed. Parenting, support and property can be dealt with sooner, and property should not be left too long. A married spouse's claim to share property must be made within two years of the divorce or six years after separating, whichever comes first.

How is child support calculated in Ontario?

By formula, under the Child Support Guidelines. Parents who are divorcing use the federal version; parents who never married, or who are not divorcing, use Ontario's version, which relies on the same tables. The monthly amount depends on the paying parent's income and the number of children. Extra costs such as childcare, some activities and post-secondary education are usually shared in proportion to each parent's income. Different rules can apply when the children spend roughly equal time with both parents.

Do common-law partners have the same rights as married spouses?

Not when it comes to property. Ontario's property-sharing rules, including special rights to the family home, apply only to married couples. A common-law partner may still have a claim, for example where their contributions helped build up property held in the other partner's name. Support is another matter. A common-law partner may claim spousal support once the couple has lived together continuously for three years, or earlier if they are the parents of a child and the relationship has some permanence. The law governing children is the same whether or not the parents married.

Do we have to go to court?

No. Many Hamilton families settle everything through negotiation, mediation or collaborative family law, then put the terms in a separation agreement. Court is there when agreement isn't possible or an order needs to be enforced.

Can I meet with a lawyer virtually?

Yes. We meet clients by video as well as in person at our Hamilton office, by appointment.

What should I bring to my first consultation?

Whatever you have about your relationship and finances: a marriage certificate, recent tax returns and pay stubs, and any existing agreements or court documents. If you don't have everything yet, that's fine. We'll tell you what's needed.

Family & Divorce Lawyers in Hamilton

Family law issues demand both precision and a highly strategic approach. As experienced family law and divorce lawyers in Hamilton, we offer clear, responsive, and solution-oriented legal guidance tailored to your unique situation. Whether you're navigating complex property division, alimony, or child custody and access, our team brings a deep understanding of divorce law and the local court system to every file. Beyond family and divorce law, we also assist clients with estate planning and administration and real estate transactions, providing practical legal guidance through many of life's important transitions. We recognize that no two families are alike; flexibility, discretion, and strong advocacy are essential for successful outcomes. We offer both virtual and in-person consultations, making it easy to access our family lawyers wherever you are in the city.

Drake Divorce & Family Law ▪ Hamilton Office

We are family and divorce lawyers who also offer estate planning, estate administration, and real estate transaction services.

Book a meeting at our Hamilton office by appointment, or choose a virtual consultation if that works better for you. We'd be delighted to welcome you and connect you with the right lawyer for your needs.

Address: 21 King St West, Suite 518 5th Floor Regus Building, Hamilton, Ontario L8P 4W7
Hours: Monday–Friday 9am–5pm, by appointment.
Phone: 905-481-0604
Payment Options: View Available Methods

Communities We Serve

Whether you live downtown, up on the Mountain, or in one of the communities that make up the wider city, our family lawyers are here to help. We work with clients from throughout Hamilton, including Hamilton Mountain, Stoney Creek, Ancaster, Dundas, Waterdown, Flamborough, Binbrook, and the surrounding area.

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Our Family Lawyers

Tinnish Andersen

SENIOR COUNSEL | FAMILY LAW

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Avram Joseph

SENIOR COUNSEL | FAMILY LAW

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Evgenia Karakehayova

ASSOCIATE LAWYER | FAMILY LAW

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Zach Remen

ASSOCIATE LAWYER | FAMILY LAW & REAL ESTATE

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Eyad Shhap

ASSOCIATE LAWYER | FAMILY LAW

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Preet Pannu

ASSOCIATE LAWYER | FAMILY LAW

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Why Hamilton Families Choose Drake Law

Practical Advice

We explain your options in plain language and give you a clear recommendation, so you always know where you stand.

The Right Approach

Some families resolve everything through negotiation or mediation. Others need a firm hand in court. We are equipped for both.

One Firm for What’s Next

Our real estate and estates lawyers can help with selling or transferring the family home and updating your will.

Testimonials

“The family lawyers at Drake Law helped me get through a tough time in my life! Giving the credit to Evgenia and her team. She made me feel comfortable, she was easy to talk to, and excelled in her field. She communicated well with me, never leaving me any unanswered questions.”
– Derek Moesker
★★★★★ “Thank you for helping our family through the process of settling my father's estate. It's never easy losing a parent, and I appreciate the time and effort put into handling everything. Thank you Drake Law.”
– Kevin M.
★★★★★ “I have had a great experience with Drake Law Firm. From the initial contact, through the referral process to the results, they were pretty professional. I mainly received my service from Lawyer Eyad Shhap…. He studied my case thoroughly and paid attention to details. He provided very good advice and guided me through out my situation very professionally. He was available and supportive when i needed support. I recommend this firm. Eyad is a great lawyer to work with.”
– Sam Daoud
★★★★★ “The lawyers at Drake Law are one of a kind. My experience with Zach has been great. From real estate deals to family law, he's certainly a knowledgeable legal professional. If you're looking for a lawyer, I'd definitely reach out to Drake Law and ask for Zach.”
– Abdul El Tawil, CPA
“I was extremely pleased with the compassion and professionalism of the lawyers I dealt with at this firm. They were empathetic and understanding and gave sage advice and service to my family. I cannot recommend them highly enough. I recommend Drake Law without reservation.”
– Joseph Murray
★★★★★ "I’ve had the opportunity to work with Drake Law Firm in London, Ontario, and I can confidently say they deliver a high standard of legal service. From the initial consultation through to final resolution, their team was consistently professional, attentive, and transparent. A special thank you to Eyad Shhap, whose guidance and responsiveness made a real difference."
– John Akleh
★★★★★ "Working with Drake Law was amazing. Zach Remen and Stephanie were very professional and compassionate... They made the closing of our home as stress free as possible considering the buyers kept extending the closing.... Zach [got us] their deposit and the extra deposits after each extension—obviously he has done this before... Thank you to Drake Law for all you did for us."
– Marg Hillis
★★★★★ "Paul Siskind and Heather Parker at Drake Law were absolutely amazing. The house deal for my mother’s estate closed smoothly with no worries and no issues at all. Everything was handled professionally and efficiently, which gave our family great peace of mind during a difficult time. Thank you so much for your outstanding work and support."
– Steve Cafik

Our Three-Day Promise

A Lawyer Within Three Business Days

Every person who completes a family law intake with our firm will meet with a lawyer within three business days. If your family is going through a separation, divorce, or custody matter, you shouldn't have to wait weeks for answers. With us, you'll be talking with a lawyer within days. Learn more →

How We Can Help

Whether you’re planning a life together or navigating a separation, our family lawyers provide practical advice on agreements, parenting, support, property and the other legal issues that affect families.

Family Law Services

Separation and Divorce

We guide you through the legal steps involved in separation and divorce, whether matters are agreed upon or contested.

Separation Agreements

We prepare and review agreements addressing parenting, support and property, helping you understand your commitments and plan for possible changes.

Parenting Time and Decision-making

We help parents develop workable parenting schedules and address disagreements about their children’s care, education, health and upbringing.

We advise on child support obligations, income disclosure and the sharing of eligible special or extraordinary expenses, including childcare and post-secondary costs.

Child Support

Property Division

We advise married spouses on equalization of net family property and issues involving the matrimonial home, pensions, businesses and investments.

Cohabitation Agreements

We prepare and review agreements that help couples clarify financial expectations and address property and support arrangements.

Family Court Litigation

When issues remain unresolved, we provide advice and representation throughout the litigation process.

Spousal Support

We help you understand whether support may be payable and assess the amount and duration in light of your circumstances.

Common-law Separation

We help unmarried partners understand their options concerning property, support and parenting when a relationship ends.

Mediation and Collaborative Family Law

We help clients explore alternatives to litigation where appropriate, with an emphasis on informed decisions and workable resolutions.

Beyond Family Law

Alongside our family law practice, our estate and real estate lawyers assist with property transactions, planning for the future and managing estate matters.

Estate and Real Estate Legal Services

Real Estate Transactions

We assist with purchases, sales, mortgages and refinancing, guiding you through the legal requirements of your transaction.

Estate Planning, Wills and Powers of Attorney

We help you document your wishes, plan for the distribution of your estate and prepare powers of attorney for property and personal care, with advice on when each takes effect.

Estate Administration

We guide executors and estate trustees through their responsibilities, helping them understand the steps involved in settling an estate and distributing assets.

At 55 Main Street West, downtown. Hamilton has what is known as a unified family court, the Family Court of the Superior Court of Justice, so every family law issue is heard in the same building, from divorce and property to parenting, support and child protection.
If neither spouse is contesting it, a divorce usually takes a few months from filing, depending on how busy the court is. Once a judge grants it, the divorce becomes final on the 31st day after the order is made. A contested case takes longer, depending on what is in dispute.
In most cases, yes. Canadian law grants a divorce when a marriage has broken down, and the usual way to show that is to have lived apart for at least one year. You can start the court case before the year is up, but the divorce itself cannot be granted until it has passed. Parenting, support and property can be dealt with sooner, and property should not be left too long. A married spouse's claim to share property must be made within two years of the divorce or six years after separating, whichever comes first.
By formula, under the Child Support Guidelines. Parents who are divorcing use the federal version; parents who never married, or who are not divorcing, use Ontario's version, which relies on the same tables. The monthly amount depends on the paying parent's income and the number of children. Extra costs such as childcare, some activities and post-secondary education are usually shared in proportion to each parent's income. Different rules can apply when the children spend roughly equal time with both parents.
Not when it comes to property. Ontario's property-sharing rules, including special rights to the family home, apply only to married couples. A common-law partner may still have a claim, for example where their contributions helped build up property held in the other partner's name. Support is another matter. A common-law partner may claim spousal support once the couple has lived together continuously for three years, or earlier if they are the parents of a child and the relationship has some permanence. The law governing children is the same whether or not the parents married.
No. Many Hamilton families settle everything through negotiation, mediation or collaborative family law, then put the terms in a separation agreement. Court is there when agreement isn't possible or an order needs to be enforced.
Yes. We meet clients by video as well as in person at our Hamilton office, by appointment.
Whatever you have about your relationship and finances: a marriage certificate, recent tax returns and pay stubs, and any existing agreements or court documents. If you don't have everything yet, that's fine. We'll tell you what's needed.

Hamilton Family Law: Frequently Asked Questions

This FAQ provides general information, not legal advice.

Family Court in Hamilton

Family cases from across Hamilton are heard at the Hamilton Family Courthouse (also called the Hamilton Courthouse), 55 Main Street West. Hamilton is a Family Court site of the Superior Court of Justice, sometimes called a Unified Family Court. In other words, one court handles family law matters, and your case isn't split between two courts based on what you're asking for.

Whether you live in Hamilton, Stoney Creek, Ancaster, Dundas, Flamborough or Glanbrook, family cases generally go to this courthouse. If you or your children have moved recently, or the other parent lives outside Hamilton, we'll confirm the right location before anything is filed.

Hamilton Family Courthouse

Address: 55 Main Street West, Hamilton, ON L8P 1H4

The Family Court of the Superior Court of Justice hears all types of family cases here, including divorce, property and the matrimonial home, parenting time and decision-making responsibility, child and spousal support, child protection and adoption.

Please note that family cases are not heard at the Hamilton (John Sopinka) Courthouse, 45 Main Street East. That building handles other types of cases.

Free family mediation is available at all Ontario family courts. Legal Aid Ontario also offers duty counsel at the Hamilton family court, and Family Law Information Centres provide free information about the family court process.

This information is general and is not legal advice. Court locations, procedures and requirements can change. Contact us or check with the court before relying on it for your situation.

Talk through your situation with one of our lawyers at our Hamilton office location.

Book a consultation with one of our lawyers at our Drake Law Hamilton office, or choose a virtual meeting if that works better for you. We’d be delighted to welcome you and give you a clear picture of where you stand.

Book a Consultation