Divorce

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Divorce:

In order to apply for divorce, you must prove the following:

  • You and your spouse are legally married under the law and the marriage is recognized in Canada;
  • Dissolution of the marriage;
  • And the proof of residence for you or your spouse in a Canadian province or territory for at least a full year before applying for divorce.

The only ground needed for divorce is marriage breakdown per the Divorce Act, which can be defined by any one of the following:

  • Living apart for a year or more;
  • Or physical or mental abuse;
  • Or adultery.
  • Often, couples are separated- but continue to live under the same roof. This is a situation where an experienced lawyer can inform you about what factors the courts may consider when legitimizing your separation.

Starting a divorce application can also be challenging. It is important to consult a lawyer who can advise you about what documents are required and which forms should be filled out based on your province or territory.

Unconsented Divorce:

-There are two types of applications for obtaining an uncontested divorce in Ontario. In general, for divorce, we offer uncontested ‘sole’ and ‘joint’ divorce services.
An uncontested ‘sole’ divorce is when one party initiates the divorce process, the other spouse is served/notified of the divorce application, and your spouse does not contest the divorce or raise any issues regarding the divorce.

-In a joint divorce you do not initiate any action against each other. Rather, both spouses attend our office to sign the required divorce paperwork informing the court of their intention to divorce.

-Consented Divorce:

A divorce is considered consented If spouses cannot agree on specific issues related to their children, property and assets, and spousal support.

-Separation agreement:
Is a domestic contract that may alter the legal rights of the spouses. Ontario law allows spouses to enter into a separation agreement that covers various issues such as child custody, spousal support, property, debts, pensions, RRSPs, RESPs, and etc. However, a separation agreement is not required to get a divorce in Ontario.

 

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