Basic Information About Divorce in Canada

IntroductionIntroductionNot one person sets out on the adventure that is marriage with the thought of getting divorced someday, yet many Canadian couples still end up needing a divorce lawyer at some point. Divorce is stressful, divorce is sad, and in some cases divorce can be completely devastating and life altering.

If you’ve reached that point where you no longer want to continue, her is some basic information about divorce in Canada straight from the Canadian Department of Justice.

Can I Apply for Divorce? So, you want a divorce but you aren’t sure if you can apply.

According to the Department of Justice, you’re eligible to apply for divorce if: You were legally married in any country and intend to

separate permanently. You don’t believe there is any chance for reconciliation. You have already left your spouse and don’t intend to

return. You and your spouse have lived in the Canadian province

or territory that you want to apply for divorce in, for at least one full year.

You can apply for divorce in Canada if you aren’t a Canadian citizen.

Can I Apply for Any Reason? Even though it may not seem fair to some, you can’t

just apply for a divorce one day out of the blue because you don’t feel like being married anymore.

Can I Apply for Any Reason? You have to prove that your marriage has

broken down to the point it can’t be fixed. This includes: Living separate lives for at least one year. One spouse committing adultery and not being

forgiven. Physical or mental abuse from one spouse to

another.

Can I Apply for Any Reason? Statistically, over 80 percent of divorces in

Canada are based on the one-year separation concept.

How to Apply for Divorce Now that you know you can, here’s what you’re supposed to do.

Speak to a divorce lawyer or family lawyer to learn how the laws apply to your specific situation.

Fill out the application forms for your particular province or territory. If you have hired a divorce lawyer, he will take care of this for you.

If you have children, include the parenting arrangements in your application, plus financial support information. Enter the arrangements you want if they are being disputed.

Complete all the forms as thoroughly and honestly as possible, then file your application at your local courthouse.

When Does the Marriage End? It’s understandable that many people want their marriage to be

over yesterday, but it won’t officially be over until a judge grants a divorce order at the end of the divorce process.

Do I Need a Lawyer? A divorce lawyer is a valuable asset for receiving

advice and protecting your rights, but you don’t really need one in every circumstance.

If you and your spouse both want the divorce and agree on all of the issues surrounding the divorce, it is called an ‘uncontested’ divorce.

With an uncontested divorce, you won’t have to go to court and in most cases a divorce lawyer isn’t necessary.

Do I Need a Lawyer? However, if the spouses can’t agree on one

or more elements in the divorce, it is known as a contested divorce.

Some of the common terms that are contested are child or finance-related. This is where a divorce lawyer will help, because the process can be long and complex.

Do I Need a Lawyer? In a contested divorce:

Both spouses submit court documents detailing the issues they can’t agree on.

You must follow the steps set out by the province you live in. A trial date is set, where each spouse explains their case to

the judge. Witnesses are usually allowed to help strengthen your case.

The judge makes a decision on the contested issues. The spouses are allowed to come to an agreement at any point during the court process.

The judge grants the divorce, and in most instances the judgment becomes final 31 days after the judge signs it.

Do I Need a Lawyer? Statistically, around 90 percent of divorce cases are settled before they

get to the trial stage. For many people, the end of a marriage is a very big deal so make sure

you have really thought it through before filling out your application and getting the process started. Marriage counseling and mediation are a couple tools that many couples use to avoid divorce altogether.