Moose Jaw Divorce Lawyer

What are the Grounds for Divorce in Canada

What are the Grounds for Divorce in Canada?

The decision to break a marriage is never easy. There are multiple grounds for divorce which cannot be solved. So, we will explore the grounds for divorce in Canada.

We will offer insight into various situations and guide you towards helpful resources. We will also highlight the legal requirements for divorce in Canada and how to get a divorce with the minimum hassles.

Why Couples Choose Divorce?

There could be several factors when two partners want to get a divorce. For example, they could have communication breakdowns, infidelity, financial strain, unrealistic expectations, and lack of personal growth. 

Let’s explain them in detail:

  • Communication breakdown: Ineffective communication can build resentment and hinder conflict resolution.
  • Infidelity: A betrayal of trust through extramarital affairs can deeply damage the relationship.
  • Financial strain: Economic stress and differing financial priorities can create tension and conflict.
  • Unrealistic expectations: Unmet expectations and a lack of compatibility can lead to disappointment and disillusionment.
  • Personal growth: Individual growth and evolving needs can sometimes lead couples down different paths.

Top Grounds for Divorce in Canada

Canada practices a no-fault divorce system, meaning you don’t need to assign blame to either spouse. Instead, the court grants a divorce upon establishing a marriage breakdown. This breakdown can be demonstrated through one of the following grounds:

1. Abusive Relationship

How does an abusive relationship act as a ground? Physical or mental cruelty inflicted by one spouse, causing the other to fear for their safety or well-being reasonably, qualifies as grounds for divorce. Evidence of abuse is crucial in this case.

2. Infidelity

Extramarital sexual relations by one spouse constitute grounds for divorce. Although, the court rarely considers the details of the affair. They focus solely on the breakdown of the marriage.

3. One Year of Separation

The most common ground for divorce is living separately and apart for at least one year without intending to reconcile. Both spouses must agree or be prepared to demonstrate their intention to live separately.

4. Physical or Mental Cruelty

Similar to abuse, this ground involves persistent behavior that severely affects the other spouse’s mental or emotional well-being. Examples include verbal abuse, intimidation, and isolation.

Can a Wife Take Everything in a Divorce?

Canadian divorce law promotes fairness and strives for an equitable division of assets and debts, regardless of gender. Mostly three factors play an important role here:

  • The length of the marriage
  • Contributions of each spouse
  • Needs of any children

How to Get a Divorce in Canada?

Consulting a lawyer specializing in family law is crucial when navigating a divorce. They can advise you on the specific procedures, gather evidence, and represent you in court if necessary. There are 10 general steps you can take after finding your ground for divorce.

Step 1: Separation

Live separate from your spouse for at least one year without the intention of reconciling. Establish separate residences and finances during this period. If necessary, document the separation date and details (witnesses, signed agreements, etc.).

Step 2: Gather Information

Collect essential documents like marriage certificates, proof of income, bank statements, property deeds, and child custody agreements (if applicable). Research provincial or territorial guidelines for divorce applications in your specific location.

Step 3: Choose Your Approach

Consider collaborative approaches with your spouse to reach agreements on property division, spousal support, and child custody outside of court. Consult a lawyer specializing in family law for legal advice, representation in court, and navigating complex situations.

Step 4: Prepare and File Application

Obtain the appropriate divorce application forms for your province or territory (available online or through government offices). Complete the forms accurately and truthfully, attaching the necessary documents. Apply with the designated court and pay the required fees.

Step 5: Serve Application

Arrange for your spouse to be served with the divorce application according to court rules (personal service, mail, etc.).

Step 6: Disclosure

Both spouses must disclose financial information and relevant assets, debts, and income details. This may involve exchanging documentation and completing financial disclosure forms.

Step 7: Negotiations and Settlements

If not resolved, work collaboratively or through lawyers to reach agreements on key issues like property division, spousal support, and child custody. Consider mediation to facilitate communication and compromise.

Step 8: Court Appearances

Depending on the complexity of your case and the agreements reached, court appearances may be necessary. Your lawyer can represent you in court and present arguments based on your situation.

Step 9: Divorce Order

A divorce order will be issued if the court is satisfied with the agreements or rules in your favor. This order finalizes the divorce, outlining each spouse’s legal obligations and entitlements.

Step 10: Finalize Details

Implement the terms of the divorce order, including transferring assets, finalizing financial arrangements, and establishing custody schedules (if applicable).

Final Words

Divorce is a complex process because there are complicated grounds for divorce according to persons. For a long time, our lawyers observed that people made unfair assumptions before making a divorce. So we can investigate the matter and solve everything peacefully, where everyone is happy. Learning the legal grounds in Canada helps you to make the right calls. So do not hesitate to contact us and ask for special assistance.

FAQs

Does one year of separation mean living in different houses?

Yes, separate residences are important. But exceptions exist in specific situations, so consult one of our lawyers for clarification.

Can I get divorced if we are not married for a year?

Only on exceptional grounds like adultery or physical/mental cruelty with documented evidence. Seek legal advice for specific possibilities.

How are assets and debts divided in a divorce?

Fairness is the principle of considering factors like marriage length, individual contributions, and children’s needs. No spouse automatically “takes everything.” over another.

What if the divorce applicants have children?

Child custody and support arrangements are separate from the divorce process but significant to address. Lawyers who specialize in family law can guide you through these twisting matters.

How long does the divorce process take?

The divorce process varies depending on the complexity of your case, cooperation levels, and chosen approach. Uncontested divorces with agreements are generally faster compared to other cases.

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