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    Post: All About Divorces

    Posted by Benita Hisey on 2/14/12


    All About Divorces

    Getting a divorce in Canada is the easiest of all the legal
    processes. The complex issues relating to division of
    property and children are sorted out during the separation
    process. According to the divorce laws in Canada there can
    be just one ground for divorce; marriage breakdown. This can
    be proven by one year's separation, cruelty or adultery.

    The Basics of getting a divorce in Canada

    You can start the divorce process before you complete one
    year of separation from your spouse, but the divorce will
    only be finalized in the court after the year is complete.
    But there are two circumstances in which there is no need
    for the couple to be separated for a year.

    The first scenario is adultery for which you do not
    forgive your spouse or live with him/her for more than 90
    days after you find out.

    The second instance is if your spouse is mentally or
    physically cruel to you.

    The Details of getting divorced in Canada

    Divorce laws in Canada are no fault divorces, which mean
    that the access, support and custody are not given based on
    the reason for ending the marriage. The court can grant a
    divorce only if either one of the spouses has had a
    permanent residence in the country for at least one year.

    Living separate does not necessarily mean living in
    different houses. If you end your marriage but for some
    reason live in the same house it is still considered to be
    living "separate and apart". The main point here is that you
    do not behave like a married couple. Some of the criteria
    considered here include: physical separation, absence of
    sexual relation, lack of communication and discussion of
    family problems, meal patterns and no joint social
    activities. In case you and your spouse agree on a divorce
    and are applying for it jointly, the only proof that you are
    separated required is a sworn affidavit stating the same.

    The court also requires satisfaction that there is no
    possibility of reconciliation. You are allowed
    reconciliation periods that are not more than 90 days or
    different periods that add up to 90 days or more. This is a
    method that allows reconciliation without delaying the
    entire divorce process. In times like these, it is ideal to
    visit a marriage counselor.

    After you have completed your one year of separation, either
    one or both parties can file for divorce. The only
    limitation is that you cannot apply for divorce based on
    cruelty or adultery on your own part. The first step while
    filing for a divorce is to make an application. This is done
    with the court of law. A single or joint application can be
    made. A joint application will require the affidavit and
    divorce order. If there is any claim for support, access,
    property claim or any such additions, there will be
    additional forms to fill. In case you have been married
    before you will have to prove that divorce or death of that
    the previous spouse.

    According to the divorce laws the spousal support is
    determined according to need. When it comes to custody, the
    court usually favors stability. So if the child has already
    been staying with one parent for a long time, they may be
    granted custody more easily. There are also certain bars on
    the division of property, which vary from one case to
    another. For instance, you cannot ask for property if you
    have been divorced for more than six years or if more than
    six months has passed since your spouse has died.

    Benita Hisey works for Shulman Law Firm in Toronto. It is
    giving Toronto Divorce Lawyers and Family Lawyers a
    knowledge and experience to express themselves.

    Toronto Divorce Lawyers and Family Lawyers

    Posts on this thread, including this one
  • All About Divorces, 2/14/12, by Benita Hisey.


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