Generally, a divorce is a legally binding termination or “un-doing” of a marriage. If the parties are “divorced”, the parties are considered to no longer be legally married to each other in Canada.
Can You Be Separated But Not Divorced?
Yes, you can separate from your partner without obtaining a divorce. Separation is an agreement between the parties to separate, but it does not affect your legal status as a married partner. If you wish to no longer be legally married to another individual, an application for divorce must be commenced.
What Grounds are there for Obtaining a Divorce?
In Canada, individuals will get divorced if there has been a “marriage breakdown”. A marriage breakdown may have occurred if the parties lived separate and apart for at least one (1) year before filing an application for divorce, if a spouse engaged in adultery, and/or if a spouse was victim to physical or mental cruelty to such an extent that it became intolerable to continue cohabiting with one’s spouse.
Do You Need a Lawyer to Assist with your Divorce Proceeding?
You are not required by law to hire a lawyer to assist with your divorce proceeding. However, we do recommend that you consider obtaining a lawyer to assist with your divorce proceeding, particularly because divorce proceedings can become complex – this is especially so in cases where either or both parties are required to engage in complicated financial disclosure.
When Will the Court Deny your Application for a Divorce?
Sometimes, the court may deny a person’s application for a divorce. The grounds for denying a divorce are as follows: collusion, condonation, connivance, or no reasonable arrangement for child support.
If you are currently considering obtaining a divorce or you have already commenced a divorce proceeding and require legal assistance, please do not hesitate to contact CHAND & CO. at 416-583-2377 to assist with your legal needs.