Basic Information About Divorce in Canada

IntroductionNot 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 DivorceNow 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.