Divorce
Divorce can be a very trying experience. When you know what’s going to happen, it’s a lot easier to deal with. While divorce is likely uncharted territory for you, you can arm yourself with all the information necessary to make the smoothest transition into your new life. Take control of the divorce process by educating yourself, it’ll relieve the stress and make your situation a lot easier to deal with.
Knowing The Grounds For Divorce In Canada Is A Good Starting Place
Canada has something called the Divorce Act that lays down the general laws for divorce. The Divorce Act recognizes three main grounds for divorce, which are cruelty, adultery, or being separated for one year. These grounds needn’t all be a condition of each divorce, as just one will justify the need for the dissolution of your marriage. Most marriages in Canada end up being terminated on the grounds of separation for a year or more because proving cruelty or adultery can prove very time consuming not to mention expensive. This isn’t to say that a man or woman shouldn’t file for divorce on the grounds of cruelty or adultery, but the majority of people find it easier and less expensive to separate for a year and go that route.
Separate And Then Count Down To One Year
There is often some confusion as to when the one-year separation begins. The period of the one-year separation starts at the time one spouse plans to live separate and apart from the other and acts on those plans. There is no need for a legal document that says you are separated, as there is no legal separation in Canada. This separation can be as limited as living in separate bedrooms, or as extensive as someone moving to another location.
A Long Separation Doesn’t Mean You’re Divorced
Many people are under the assumption that if they are separated for a long period of time, say ten or twenty years, that their marriage is nullified. This is not true; a divorce granted by a judge is the only way that your marriage will be terminated under the eyes of the law.
Divorcing When You Didn’t Marry In Canada
If you didn’t marry in Canada, you can still legally get a divorce here. Divorce in Canada is based on residency, not the place of marriage. So, if you or your spouse has lived in Canada for at least one year you can obtain a divorce here.