Canada, July 26, 2017: When you are going through turmoil while in a marriage that is not working out for some reasons, you helplessly keep having an urge to put an end to it. A lot of people keep the option of getting a divorce in the back of their mind in a fear of losing the relationship and being tagged as a divorcee. This fear and holding on to a rotting relationship might blind you to only make you suffer more.
A lot of people believe filing a divorce could be a complicated process. And this makes them want to rather give another chance to the relationship. You can’t change a person’s disposition. After a chain of “another chances” that you might give to your relationship, at some point divorce might be the only alternative.
To be eligible to file a divorce, you should meet the three criteria. If you were legally married in Canada or some other country; you believe there is no possibility of getting back together with your spouse; and you and/or your spouse have been in Ontario at least for 12 months prior to your application, you are eligible for a divorce. If you are not legally married, The Divorce Act of Canada doesn’t apply to you and you are not eligible for divorce apparently.
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While The Divorce Act is a federal law, every province and territory is individually responsible for the process of getting a divorce. So, make sure you are filling the right form of your territory or province. Most of the work related to the application can be dealt by your lawyer.
But if you and your spouse live in a country that doesn’t recognize your Canadian marriage, there can be an exception to the residency requirement. Under Civil Marriage act, you may be able to end your marriage by applying for it in Ontario with the help of existing forms from Ministry of Attorney General. If you and you partner are not married and want to separate, you can negotiate a “separation agreement” and child custody related issues under the laws of Ontario.
One important thing you should keep in mind is that Civil Marriage Act only allows you to end your marriage. If you are not a Canadian resident, you can’t get divorce in Canada. In order to end your marriage through Civil Marriage Act, you need to apply to a Superior Court of the territory or province where you and your spouse got married. After ending your marriage through The Civil Marriage Act, other issues, like child custody need to be dealt with separately.
Some of the legally accepted reasons for you to get a divorce are:
- You and your spouse have separated and lived apart for a year and consider that your marriage is over.
- Your spouse has committed adultery and you have not and would not forgive him/her.
- Your spouse has abused you physically, mentally, emotionally, or sexually.
Before you proceed to file a divorce or the starting process of divorce, it would be better if you seek advice from a legal expert in family law prior to it. The family law expert will break the laws down for you and explain you what and what doesn’t apply to your case and how to go about it. He or she will also give you a clear idea about the rights that you hold. You can refer to firms like Hummingbird Law that have talented and professional lawyers and legal advisors.
To begin with the process of filing divorce, you should first fill the divorce application and submit it at a courthouse in Ontario. Follow all the court rules and pay the court fees that you are required to. In order to get a divorce, you have to pay a certain cost. This is generally something that the legal expert you talk to would let you know about.
Mediation is one of the ways through which you can resolve issues related to child custody, division of property, child and spousal support etc. If you plan to hire a private mediator, you should know that a mediator may be of any profession, like a social-worker, psychologist etc.
If you want to seek legal advice from an expert in family law, at Hummingbird Law, you can find lawyers who work to resolve family related issues in a fair and respectful manner. Their expertise coupled with a rich experience in divorce and separation related affairs make their service top-notch. To know more about family law in Ontario, you can refer to a booklet about related laws that might affect you when you and your spouse separate. It is available from the Ministry of the Attorney General in nine languages.