Divorce in Ontario is a time-consuming and painful procedure. Especially true when couples can’t communicate with one another and can’t agree on asset distribution, child custody, or child support. While some components of the divorce procedure are pretty standard, the time required to end a marriage in Ontario is significantly dependant on the individuals involved. People can reduce their costs and the length of time it takes to complete these actions if they have skilled representation, mediation where appropriate, and a commitment to stay amicable.
Reasons for Divorce that are Legally Accepted
You must prove that your marriage has broken down to obtain a divorce. According to the law, a marriage gets broken if at least one of the following conditions.
- Your marriage gets finished because you and your spouse have been apart for a year.
- You haven’t forgiven your spouse because your spouse committed adultery.
- Living with your spouse is uncomfortable since the spouse gets physically or mentally abusive to you.
You must prove what happened if you want a divorce due to infidelity or physical or mental mistreatment against you.
Eligibility Criteria
You can file for divorce if you meet these three requirements and desire an Ontario court to end your marriage.
- In Canada or any other country, you were lawfully married.
- You intend to divorce your marriage permanently or have already divorced your spouse, and you do not believe you will ever get back together.
- You and your spouse must have resided in Ontario for at least the previous 12 months before submitting your application.
The Divorce Act is the federal law in Canada that governs divorce proceedings. Divorce legislation does not apply to you if you are not lawfully married.
Getting a Divorce in Ontario Approved
A divorce application in Ontario gets completed in four to six months in most situations. A time limit that can only get expected if both parties work together to end their union proactively. When there are arguments about the division of assets and child custody, the entire procedure can take a little longer.
Separations in Ontario
Many Ontario couples file Separation Agreements to speed up the divorce process. These are legally binding documents that both parties must adhere to during the statutory one-year separation period. Frequently, these contracts will state how child custody issues will get handled, including whether each side anticipates child or spousal support. Separation agreements also cover property division and who will live in the house after the divorce.
Hiring a Good Lawyer
Given the myriad emotions involved, divorce can be a complicated process. More importantly, many things are likely to change for both couples when divorce gets finalized. People will frequently discover that their access to employer-provided health care has changed or that dividing their assets without qualified legal aid may be challenging. It is critical to hire a professional Toronto divorce lawyer familiar with family law to safeguard your interests and understand more about how your rights and obligations may change.
