Domestic Divorce

Divorce

Toronto Divorce Lawyers

You can legally end a marriage by obtaining a divorce. The only legal ground for divorce is marriage breakdown.

To prove marriage breakdown, you need to prove any of the following:

• You have lived separated and apart for at least one year.

It is possible, under certain circumstances, for a couple to live separate and apart under the same roof, as long as they are no longer carrying on as husband and wife.

You can commence divorce proceedings as soon as possible after separation but the divorce order will not be made until the parties have separated for a least 1 year. You do not need the consent of the other spouse to get a divorce. All you need is prove marriage breakdown by showing you have lived apart for at least 1 year.

• Your spouse committed adultery, and you did not forgive him/her or reside together for more than 90 days after finding out.
• Your spouse was physically and mentally cruel to you.

If you are the spouse that committed adultery or cruelty towards the other spouse, you cannot use these grounds to get a divorce but you can use separation for one year as a ground to get the divorce.

Residence in Canada

To apply for a divorce, either you or your spouse must have resided for at least one year in the province where you want to commence divorce proceeding.

Being “resident” in the province does not mean you have to be a Canadian citizen or permanent resident. In addition, you can obtain a divorce in Canada even if the marriage took place in another country.

There is no time limit to file for a divorce.  We also provide legal opinions on foreign divorces.  To speak with a Toronto divorce lawyer, please call (416) 972-0404 or toll free (855) 396-1207.