By the time you finish reading this page, you’ll feel you have a solid grasp on how to get your divorce.
How to Get a Divorce in Durham Region, Oshawa, Whitby, Ajax, Pickering, Bowmanville and Clarington
You can only get a divorce by formally filing court papers and you have to get a formal or official divorce order and divorce certificate from the court.
If you have to deal with issues, such as child support, child custody and access, spousal support, and property issues, you should first try to negotiate a separation agreement with your spouse to resolve these issues. If you do not handle these issues through a separation agreement, you will probably have to go to court to deal with these issues. When you go to court to deal with these issues, you now have what is called a “contested” divorce. A contested divorce means that there are other issues, such as child custody and access, in the case besides your claim for a divorce.
You can also proceed to court about issues of child custody and access, spousal support and property issues without claiming a divorce, especially when you are in a common-law relationship.
A contested divorce is a court proceeding that can cost you thousands of dollars in legal fees. You should try to avoid a contested divorce if you can since a contested divorce is very costly and very stressful.
The most effective and lowest cost approach to avoid a contested divorce when you have other issues, such as child support and child custody, that must be resolved is the following:
- Hire a lawyer and negotiate a separation agreement to deal with your family law issues, including child custody and access, child support, spousal support, and property issues.
- When you have resolved these issues in a signed separation agreement with your spouse, you can then apply to court for an uncontested divorce.
When you have resolved all issues in your separation, generally in a separation agreement, your application to court for a divorce will be what is called an “uncontested” divorce. In other words, you are only making a claim for a divorce since the other issues, such as child custody, in your case have been settled.
If you have not resolved the issues in your case and you apply for a divorce, your spouse can make claims against you for any issues that have not been resolved, such as child support, spousal support, and property issues. You will then have a contested divorce on your hands.
It is beneficial to try to negotiate a separation agreement before you try to get a divorce so that you can get an uncontested divorce.
However, when you do know that there are certain issues that your spouse will not agree on and your lawyer has advised that your position is reasonable in law, it might make sense to just go to court to start to deal with your family law issues.
Grounds for Divorce
You can get a legal divorce in Canada when there has been a breakdown of the marriage. A breakdown of the marriage can only occur in the following three situations:
- You and your spouse have lived separate and apart for one year or more.
- Your spouse has committed adultery.
- Your spouse has inflicted such physical or mental cruelty of such a kind as to render intolerable the spouses living together as a married couple.
You can get a divorce granted in your case as long as you have been separated from your spouse for one year or more. This is sometimes called “no-fault” divorce. Most spouses get a divorce on the basis of the one-year separation.
You can pursue a divorce on the grounds of adultery or physical or mental cruelty. However, you will have to go to a trial to prove these grounds unless the person against whom those claims are made admits them. This can be a more difficult approach to get a divorce compared to simply getting a no-fault divorce based on the one-year separation rule.
How do you show that you and your spouse have lived separate and apart for one year? This is usually not a problem in most cases. For example, if you and your spouse live in separate residences, this is usually sufficient proof that you and your spouse live separate and apart. You can even live separate and apart from your spouse even though you and your spouse continue to live in the same house or residence. As long as you both lead your own separate lives, sleep in different rooms, do not have sexual contact, do not share meals and social activities, and there is minimal communication between you and your spouse, you will then be viewed as living separate and apart from your spouse. However, this situation can be obviously more difficult to prove compared to the situation in which the spouses live in separate residences.
You do not even have to wait a year to start divorce application in court. However, a court will only grant a divorce order when you have lived separate and apart for one year or more at the time the divorce order is made.
It is important to remember that your spouse cannot in most cases stop your divorce. You do not require your spouse’s consent to get a divorce. If you are getting an uncontested divorce, your spouse does not get involved at all in the case since there are no other issues in your case, such as in the situation of a short marriage, or the issues have been settled in a separation agreement.
A court will only delay or stop the granting of a divorce in a few situations. The court must satisfy itself that there has no collusion or deceitful conduct respecting the divorce application. The court must satisfy itself that reasonable arrangement have been made for child support and, if such arrangement have not been made, to delay the granting of the divorce until such arrangements are made.
The court must also be satisfied that there has been no condonation or connivance on the part of the spouse bringing the divorce application respecting the other spouse’s act of adultery or physical or mental cruelty.
If you are involved in a contested divorce, you can usually get a divorce granted even though the court has not yet dealt with the other issues, such as spousal support.
The Superior Court of Justice in Ontario has the jurisdiction to grant a divorce as long as either the husband or wife has been ordinarily resident in Ontario for at least one year prior to the start of the court case for divorce. The husband or wife who is seeking a divorce can bring a divorce application in Ontario by relying on either he or she living in Ontario for a year or more or the fact that his or her spouse lived in Ontario for a year or more.
Durham Region-Oshawa Family Law and Divorce Lawyer
Can you imagine trying to get your divorce and solve your family law issues without the help of a skilled and experienced family law and divorce lawyer? There’s simply no substitute for it.
When you use Thomas O’Malley, a recognized and accomplished family law and divorce lawyer, you can relax with the confidence that he’ll help protect your legal rights and settle your family law issues so that you can get your divorce and move on with your life.
Listen closely: the sooner you set up a consultation with Mr. O’Malley, the better prepared you’ll be to protect your family law rights and get your separation or divorce.
The truth is you need a seasoned family lawyer like Thomas O’Malley to ensure a successful separation or divorce that protects your legal rights.
Call him today at (905) 434-8837(905) 434-8837 to protect your legal rights and get your divorce. It’s your future.