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.