Understanding Divorce Law in Ontario
Few matters in life are as traumatic as the dissolution of a marriage. As understandable as it is for emotions to be running high, it is important to sit down with a Toronto divorce lawyer and discuss the legal implications of the actions you take.
Grounds for Divorce
Under federal law, there is only one basis for the granting of a divorce in Canada: the breakdown of a marriage. Marriage breakdown can be demonstrated in one of three ways:
- The couple lived separate and apart for one year
- Adultery
- Cruelty
Because the other party can contest an allegation of adultery or cruelty, most people choose to file on the basis of one year of separation.
Jurisdiction
One of the spouses must have been “ordinarily resident” in Ontario for at least one year before initiating divorce proceedings. “Ordinarily resident” means the place where an individual lives their regular life, not just a temporary stay or visit.
No-Fault Divorce
Canadian divorce law is based on a no-fault principle. This means that the reasons for the end of the marriage do not impact decisions regarding child custody, child support, spousal support, or property division.
Living Separate and Apart
Even if a couple remains under the same roof for economic or childcare reasons, they can still be considered legally separated. The court will evaluate the facts to determine whether the couple continues to live as a married couple or not.
Reconciliation and Counselling
Separated spouses are encouraged to pursue reconciliation or counselling as a way to repair their relationship before finalizing a divorce.
Contact a Toronto Divorce Lawyer for Legal Advice
Before initiating divorce proceedings, ensure you fully understand your rights and obligations. For legal advice or family law questions, contact Manafa Law Office at (416) 972-0404 or toll-free at (855) 396-1207.
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