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Divorce
Divorce can be a challenging and emotional process and navigating through it is difficult. Having a clear understanding of the legal aspects of divorce can help you navigate it more confidently. At Greatrix Law, we’re committed to guiding you through every step of your divorce journey. We pride ourselves in doing so with compassion and expertise.
Divorce Act
In Canada, divorce is governed by the Divorce Act – regulating and outlining the process through which a couple may terminate their marriage. It is important to note that obtaining a divorce is not mandatory. Should couples wish to end their relationship – they may do so by way of simply separating and signing a Separation Agreement.
Grounds for Divorce
One-year separation: most common ground for divorce. Parties must live separate and apart for at least one year.
“Separate and apart” may still mean the parties reside in the same home. However, during this period of separation the parties must not cohabit as a couple. This does not mean that the parties need to wait for one year to bring forth an application for divorce – instead it means the Court will simply not grant a divorce until this provision has been met – until or unless the 1-year mark has passed.
Adultery: If one spouse commits adultery, the spouse who is a victim of adultery may bring forth a divorce application on this basis. A spouse who committed the adultery may not seek the divorce on this ground. If you are able to satisfy the Court on this ground the Court may grant an immediate divorce, contrary to the one-year separation period. This ground is difficult to prove, given the sensitive nature and potential evidence brought forward, and is therefore not a common route to take.
Cruelty: This includes physical or mental cruelty; if one spouse has treated the other cruelly, the victimized spouse may seek this ground for divorce. If you are able to satisfy the Court on this ground the Court may grant an immediate divorce, contrary to the one-year separation.
We understand the challenges faced by spouses who wish to terminate their marriage. Family Law Lawyers can assist in a myriad of ways during this difficult and painful time. Along with moving forward in a compassionate manner, we can assist you with:
Providing legal guidance - throughout the divorce process, including but not limited to issues arising from the separation – dealing with property division, marital assets, decision-making responsibility and parenting (also known as child custody arrangements), child support, spousal support, etc.;
Court documents – filing and serving the divorce application, dealing with the Court and with all paperwork, making sure things are submitted on time, requesting necessary documents from the opposing party, etc;
Negotiation – helping to negotiate family law issues arising from the matrimonial separation with the opposing party or counsel, advocate on your behalf, whether it is a Court matter or mediation, etc.
...we’re here to help you through this process.